ILLINOIS POLLUTION CONTROL BOARD

February 4,

1993

PEOPLE OF THE STATE

OF ILLINOIS,.

Complainant,

)

v.

)

PCB 92—71

(Enforcement)

THE VALSPAR CORPORATION,

a Delaware corporation,

)

)

Respondent.

DISSENTING OPINION (by J. Theodore Meyer):

I dissent from the majority’s acceptance of the stipulation

and settlement in this case.

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 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 dissent.

J. ~heodore keyer

Board Member

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution Control

Board,

he e

certify tha

the above dissenting opinion was filed

on the

______

day of

_______________,

1993.

•

_________________

Dorothy N. /~&lnn, Clerk

Illinois P~lutionControl Board

0L39-0021