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December 7,

1995

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

V.

)

PCB 96-24

(Enforcement

-

RCRA)

TERMINAL RAILROAD ASSOCIATION

)

OF ST. LOUIS, a Mi~ouri

)

Corporation,

)

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I respectfully dissent from the majority’s order to accept

this Stipulation and Settlement Agreement.

Respondent’s

aggregious behavior in this matter——storing hazardous materials

in railway cars for 170 days--should have resulted in a stiffer

fine.

As a violator of the Illinois Environmental Protection Act,

Terminal Railroad should also be required to reimburse Illinois

taxpayers for both direct and indirect costs incurred in the

prosecution of its case.

Section 42(f), which allows the Board

to assess attorney’s fees and costs incurred by the Office of the

Attorney General,

should be construed broadly and include

indirect expenses such as travel time, administrative support,

printing, copying and overhead.

Attorney’s fees should include

life and health insurance costs incurred by the state during the

case.

I view the now common practice by state and local

governments of charging a “user fee” to those who utilize a

service

(such as paying for photocopies)

as a model for costs

that should be imposed on a violator of the Act.

After all, the

time spent by the Attorney General’s Office in prosecuting this

matter certainly could have been used to handle other cases.

In light of Terminal Railroad’s blatant disregard for the

Act,

I would have taken the opportunity presented in this case to

order reimbursement for all costs—-both direct and indirect-—

incurred by the Attorney General’s Office.

~

~V\~4

J4

Theodore Meyer

I

Board Member

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above concurring

opinion was filed

on the

//~-‘

day of

~

1995.

Dorothy

~54

Gunn,

Clerk

Illiois ~llution

Control Board