ILLINOIS POLLUTION CONTROL BOARD

May 4,

1995

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

)

PCB 94—127

(Enforcement)

JAMES LEE WATTS,

individually

and d/b/a WATTS TRUCKING

SERVICE,

INC.,

and ESG WATTS,

INC.,

Respondents.

CONCURRING OPINION

(by J. Theodore Meyer):

I fully agree with the majority opinion

in finding that

respondent violated Sections 21(k),

21(o) (11) and

(d)(2)

of the

Illinois Environmental Protection Act

(Act),

and

35 Ill. Adm.

Code 807.623,

858.401 and 814.104.

The $60,000 penalty

is

sufficient;

however,

I believe legal fees

in this case were much

more than $4,980.

Section 42(f)

allows the Board to assess attorney’s

fees and

costs incurred by the Office of the Attorney General.

I believe

that this section should be construed broadly,

and that a

violator reimburse the Illinois taxpayer for all costs incurred

by the Office of the Attorney General,

including indirect

expenses such as travel time,

administrative support,

printing,

copying and overhead.

After all,

the time spent by complainant’s

attorney in prosecuting this matter certainly could have been

used to handle other cases.

In addition, the now common practice by state and local

governments of charging a

“user fee” to those who use a service

(such as paying for photocopies)

is certainly a cost that should

be imposed on a party who has violated the Act.

This case

presented an opportunity to order the complainant to submit an

affidavit of all costs, and I believe that the Board should have

taken this opportunity.

J. Theodore Mey~r

Board Member

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, her~~ycertify that the above concurring opinion was filed

on the

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day of

_______________,

1995.

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Dorothy M.

~unn,

Clerk

Illiois Pol/Lution Control Board