ILLINOIS POLLUTION CONTROL BOARD

January 21,

1993

PEOPLE

OF

THE

STATE

OF ILLINOIS,

)

Complainant,

v

)

PCB 92—188

(Enforcement)

ERCO GLACO 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 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.

~*~eodoreMeyer

Board Member

I, Dorothy

N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify th

the above dissenting opinion was filed

on the

~-‘-.&

day of

_______________,~

1993.

~orothy

N. ,t?inn, Clerk

Illinois Pollution Control Board

OI38~o~87