:LLIN0Is POLLUTION CONTROL BOARD

August 13, 1992

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

)

v.

)

PCB 92—93

(Enforcement)

INTERNATIONAL SUPPLY 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 3ettlement agreement states that

respondent’s noncompliance was economically beneficial in that it

avoided $350 in annual site fees for two to three years, there is

no further information on the amount of that economic benefit.

Section 42(h)(3) of the Environmental Protection Act specifically

requires the Board to consider any economic benefits accrued by.

noncompliance. I believe that this provision contemplates a

consideration of the complete amount of the economic benefit.

For example, what costs were avoided by being able to operate the

equipment without waiting until the permits were applied for and

obtained? Without more specific information, it is impossible to

know if the penalty of $1,000 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.1991, ch. lii 1/2, par.

1042(f).) I am pleased that the Attorney General is bringing

enforcement cases in the name of the People, but I believe that

settlement agreements in such cases should, at an absolute

minimum, recognize that the Board could award costs and

reasonable fees.

0135-0355

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2

For these reasons, I dissent.

ç~

TheodoreMeyer

Board Member

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify th the above dissenting opinion was filed

on the

,~“/‘-

day of

_______________,

1992.

~

//~.

Dorothy M. ~~unn, Clerk

Illinois Pollution Control Board

Of 35-035~