ILLINOIS POLLUTION CONTROL BOARD

3anuary 21,

1993

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

)

Complainant,

V.

PCB 92—193

(Enforcement)

NONOA TIRE COMPANY, a

Wisconsin corporation,

)

Respondent.

)

DISSENTING OPINION

(by 3. 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.

7. Theodor

Meyer

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.

•

~

1~—

orothy ~

Clerk

Illinois P 1 ution Control Board

0138~0499