ILLINOIS POLLUTION CONTROL BOARD
    August
    22,
    1991
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Petitioner,
    )
    v.
    )
    PCB 89—157 (B)
    (Enforcement)
    CLYBOURN METAL FINISHING
    )
    COMPANY,~
    )
    Respondent.
    CONCURRING OPINION
    (by 3. Theodore Meyer):
    I
    agree
    with the majority’s
    order
    in this
    case,
    assessing
    costs
    and
    attorney’s
    fees
    against
    respondent.
    However,
    I
    am
    disappointed that the affidavit of
    costs
    filed
    by the Attorney
    General did not include a full request for all costs incurred while
    prosecuting this case.
    Section 42(f) of the Environmental Protection Act (Act) allows
    the
    Board,
    under
    certain
    circumstances,
    to
    award
    “costs
    and
    reasonable
    attorney’s
    fees,
    including
    the
    reasonable
    costs
    of
    expert witnesses and consultants...”.
    As
    I pointed out in my July
    11,
    1991 concurrence
    in this case,
    I believe that “costs”
    should
    include all actual costs, including expenses such as administrative
    and support staff time,
    and overhead costs.
    After all, the time
    spent by complainant’s staff in prosecuting this case could have
    been used to handle
    other matters.
    The affidavit filed by the
    Attorney
    General
    included
    just
    $40
    for clerical
    costs,
    and
    no
    figure at all for indirect costs
    (i.e. utilities, office supplies,
    rent,
    etc.).
    I note that in its proposed guidelines for the new
    operating permit system under the Clean Air Act, the United States
    Environmental Protection Agency
    (USEPA) requires that state permit
    programs include permit fees which cover all reasonable direct and
    indirect costs of the permit program.
    Among the considerations for
    setting
    these
    fees
    are
    “any
    associated
    overhead
    charges
    for
    personnel,
    equipment,
    buildings,
    and
    vehicles.”
    (40
    CFR
    §70.9(b) (1), proposed at 56 Fed. Reg. 21712, 21779 (May 10, 1991).)
    Additionally, federal funding grants include a figure for indirect
    overhead
    costs.
    I
    believe that
    we. should
    follow these
    trends
    towards
    recovering
    indirect
    costs,
    and
    broadly
    construe
    the
    statutory language of Section 42(f).
    125—311
    2
    For these reasons,
    I concur.
    J.~heddoreMeyer
    Board Member
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify tha~theabove Concurring Opinion
    was
    filed
    on the
    ,-~“~‘t
    day of
    4~’çe?~,’
    ,
    1991.
    2~
    &x~//ie/~
    D~rothyM. ,4~nn, Cle~’k
    Illinois Pdl4ution Control Board
    125—3 12

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