ILLINOIS POLLUTION CONTROL BOARD

July

3,

1990

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

V.

)

PCB 88—199

(Enforcement)

SEEGERS

GRAIN,

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I dissent

from the majority~s acceptance

of the

settlement

stipulation

in this case.

Neither the Illinois Environmental Protection Agency (Agency)

nor the Attorney General have articulated any standards as to what

factors should be considered when negotiating a fine to be imposed

pursuant to

a

settlement

agreement.

Additionally,

although the

proposed settlement agreement states that Seeger’s noncompliance

was economically beneficial in that it delayed acquiring adequate

noise suppression equipment,

there is not any specific information

on

the

amount

of

that

economic benefit.

Section

33(c)

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 amount of

the economic benefit, not just a statement that an economic benefit

was realized.

Without more specific information,

it

is impossible

to know

if the penalty of $1,000 even comes close

to any savings

realized

by

Seegers.

I

am

also bothered

by

the

fact

that

the

stipulation actually signed by the parties provides for only half

of the penalty originally presented at the hearing.

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

Seegers.

Ill.Rev.Stat..1989,

ch.

ill

1/2,

par.

1042(f).

I am

pleased that the Attorney General is beginning to bring enforcement

cases

in

the name

of

the

People,

but

I

believe that settlement

agreements

in such cases should,

at a minimum, recognize that the

Board could award costs and reasonable fees.

113~1C~

---

2

For these reasons,

I dissent.

J

~.J

Theodore Meyer

Board Member

I,

Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was filed

on the

/~

day of

________________

,

1990.

Dorothy M.

‘Gunn,

Clerk

Illinois Pollution Control Board

113—20