ILLINOIS POLLUTION CONTROL BOARD

October

11,

1990

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

)

PCB

90—110

(Enforcement)

HOMAK MFG. CO,

an Illinois corporation,

Respondent.

DISSENTING OPINION (by

 J. Theodore Meyer):

I

 dissent

 from the majority’s acceptance of the settlement

stipulation in this case.

Although

the

 proposed

 settlement

 agreement

 states

 that

respondent’s noncompliance was economically beneficial

 in that it

operated its unpermitted equipment without the delay

 of applying

to and waiting for the Agency to issue permits, there

 is not any

specific

 information

on

the

 amount

of

 that

 economic

 benefit.

Section 33(c)

 of the Environmental Protection Act (and new Section

42(h)(3),

as

 contained

 in P.A.

 86-1363,

 effective

 September

7,

1990)

 specifically requires

 the Board

 to consider

 any economic

benefits accrued by noncompliance.

 I believe that this provision

contemplates

 a consideration

 of the amount

 of the full

 economic

benefit,

not

 just

a

 statement

 that

an

 economic

 benefit

was

realized.

 Without more specific information,

 it is impossible to

know

 if the penalty

of

 $1,000

 even

 comes

 close

to

any

 savings

realized by respondent.

Finally,

 I am frustrated that,

 although this case was brought

in the name of the people of the State of

 Illinois,

 there

 is no

recognition that costs

 and fees could have been assessed against

respondent.

 Ill.Rev.Stat.1989,

ch.

 111 1/2,

 par.

 1042(f).

 I am

pleased that the Attorney General is beginning to bring enforcement

cases

 in the name

 of the

 People,

but

I

 believe that settlement

agreements

 in such cases should,

 at a minimum, recognize that the

Board could award costs and reasonable fees.

115—291

2

For these reasons,

 I dissent.

a.

L~heodordMeyer

Board Member

I, Dorothy M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereb~ycertify that the above Dissenting Opinion was filed

on the

~

 day of

 1990.

Dorothy N. mnn,

 Clerk

Illinois Po~LutionControl Board

115—29 2