ILLINOIS POLLUTION CONTROL

BOARD

January 21,

1993

PEOPLE OF THE STATE

OF ILLINOIS,

)

Complainant,

v.

PCB 90—89

PCB 91—123

FRED JOHNSON, ET AL.,

)

Consolidated

)

(Enforcement)

Respondents.

)

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 even 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.

For this reason,

I dissent.

J.

Theodore Meyer

Board

Member

I,

Dorothy

H.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

th

the above dissenting opinion

was

filed

on

the

~

day

of

_______________,

1993.

A.

rothy H. G)a~m,Clerk

Illinois Po9~utionControl Board

OI38-O39~