ILLINOIS POLLUTION CONTROL BOARD
    December 16,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 93—214
    (Enforcement)
    HANDY
    & HARHAN,
    )
    a New York corporation,
    )
    )
    Respondent.
    CONCURRING
    OPINION (by 3. Theodore Meyer):
    I concur with the majority’s acceptance of the stipulation
    and settlement in this case.
    However,
    I continue to be troubled
    by the absence of any mention of attorney’s fees and costs in the
    settlement agreement.
    Section 42(f)
    of the Environmental Protection Act (415 ILCS
    5/42(f)
    (1992)) provides for the imposition of costs and
    reasonable attorneys fees to the Attorney General.
    In this case,
    the complaint requests that the Board impose such costs and fees.
    However, the stipulation and settlement does not refer to this
    request, nor explain whether some percentage of costs and fees
    were figured into the penalty.
    I continue to believe that costs
    and fees should be pursued.
    Especially in these times of
    economic stress, the state should be reimbursed for the monies
    it
    expends in pursuing those charged with violating environmental
    standards.
    For
    this
    reason,
    I
    concur.
    J. T~4odoreMeyth~
    Board~’Member
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that,
    the
    above
    concurring
    opinion
    was
    filed
    on
    the
    ~A
    ~
    day of
    4
    ~
    7
    /
    ,
    1993.
    /‘
    /
    /
    ~
    /
    -
    /
    Dorothy N. Gu~n,Clerk
    Illinois PollLition Control Board

    Back to top