ILLINOIS POLLUTION CONTROL

BOARD

August

9,

1990

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

)

 PCB 90-69

(Enforcement)

MATERIAL SERVICE CORPORATION,

)

a Delaware corporation,

)

Respondent.

DISSENTING OPINION

 (by J. Theodore Meyer):

I dissent

 from the majority’s

 acceptance

 of the settlement

stipulation

 in this case.

The proposed settlement agreement

 states

 that

 respondent’s

noncompliance

was

not

 economically

 beneficial,

 except

 that

respondent saved approximately $850 in permit fees which would have

otherwise

 been

 required.

I

 find

 this

 statement

to

be

contradictory, since by admitting that $850 was saved demonstrates

at least some economic benefit.

 Additionally,

 I note that there

is no mention of the economic benefit of operating the unpermitted

equipment without

 the delay

 of applying to and waiting

 for the

Agency

to

 issue

 permits,

 although

 that

 language

is

 routinely

repeated in other stipulations of this type.

 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

all economic benefit.

 Without more specific information,

it

is

impossible to know if the penalty of $4,000 even comes close to any

savings realized by respondent.

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

respondent.

 Ill.Rev.Stat.l989,

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.

114—63

2

For these

 reasons,

 I dissent.

1~-~~--

J.

 ‘~1’heodoreMeyer

Board Member

I,

 Dorothy

M.

 Gunn,

 Clerk of the Illinois Pollution Control

 Board, hereby certify that the above Dissenting Opinion was filed

on the

~

 day of

________________,

 1990.

(/

~/~/

/~

Dorothy M.”,thinn,

 Clerk

Illinois

Pdilution

Control

Board

.~--(ì.~