ILLINOIS POLLUTION CONTROL BOARD

December 20, 1990

PEOPLE OF

THE

STATE OF ILLINOIS

)

Complainant,

PCB 90—127

v.

)

(Enforcement)

)

WESTVACO CORPORATION,

Respondent.

DISSENTING OPINION (by J.D. Dumelle):

I dissent from the Majority’s approval today of the

stipulation for the following reasons.

It is my belief that enforcement of the permit requirements

constitutes a crucial aspect of the Illinois regulatory control

system. Yet the way it is being handled currently, as reflected

by the instant case, is so deficient as to render consent to the

stipulation impossible. The current process merely runs through

the criteria in a generic manner which sheds no understanding as

to why this case was settled or how the fine stipulated to was

calculated. It is virtually impossible to discern one

stipulation from another.

The case at bar not only reflects poorly on a significant

aspect of regulatory enforcement, but continues this Board’s

years of ratification of low Nnes in the absence of mitiqating

factors. The resulting message to the regulated industry is

hardly one which could be said to “enhance compliance with the

Act”. On

the contrary, the clear message being sent by the

approval of stipulations such as the one at bar remains that the

permit requirements in Illinois can always be ignored at little

or no cost. I come to this conclusion when the majorit~’of this

Board regularly approves stipulated agreements as per-.-.

~eu

the instant case where there exists no explanation o~.:nico

~3(c~

factors

were

applicable or considered or why, in riir~~

contravention of the complaint, were attorney’s fees reco.’erable

to Illinois not requested.

For these reasons, I respectfully

c~~

Ja ob D. Dumelledissent.

4tk~&

L R-CEC-USNR (Ret)

B ard Member

117—9 1

---

—2—

IT IS SO ORDERED.

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

Opinion was

Board

submitted

herebyon certif~the

___________________

t theday above~of

_______________

________________,

enting

1991.

nfl, Clerk

Illinois ~~ution Control Board

117—92