ILLINOIS POLLUTION CONTROL BOARD
    March 25,
    1993
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 91-53
    (Enforcement)
    ENAMELERS
    AND
    JAPANNERS,
    )
    INC.,
    an
    Illinois
    corporation,
    )
    Respondent.
    DISSENTING OPINION
    (by J. Theodore Meyer):
    I dissent from the majority’s order reinstating this case.
    Section 42(f)
    of the Environmental Protection Act provides that
    the Board may award attorney’s fees and costs to the Attorney
    General where a person has committed a wilful, knowing, or
    repeated violation.
    (415 ILCS 5/42(f)
    (1992).) A review of the
    proposed settlement agreement reveals that although the complaint
    asks that the Board impose costs and attorney’s fees,
    the
    settlement agreement does not even mention costs and fees.
    There
    is no indication that the issue of costs and fees was discussed
    during negotiations, or in any other way considered or sought.
    By not seeking to recover the expenses incurred in bringing this
    enforcement action, the Attorney General is allowing polluters a
    free ride.
    Once again,
    the taxpayers are pulling the cart,
    while
    polluters are riding in the cart.
    Because the proposed settlement agreement does not even
    mention
    costs and fees,
    I believe that it is unacceptable.
    Therefore,
    I dissent from the majority’s order reinstating this
    case.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above dissent was filed on
    the
    ~
    day of
    _____________,
    1993.
    ~
    A.
    Dorothy N. ~unn, Clerk
    Illinois P~L1utionControl Board
    0
    ~O-0
    189

    Back to top