ILLINOIS POLLUTION CONTROL BOARD

June

7,

1990

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

V.

)

PCB 90-14

(Enforcement)

PQ CORPORATION,

a Pennsylvania corporation,

Respondent.

DISSENTING OPINION

(by

1.

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

People state

(and PQ denies)

in the proposed settlement agreement

that PQ’s

noncompliance with pollution control

requirements was

economically beneficial in that PQ delayed expenditures for capital

improvements

until

after

the

spill

occurred,

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

$7,500 even comes close to the savings realized by PQ.

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

PQ.

Ill.Rev.Stat.1989,

ch.

111

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.

112—25

---

2

For these reasons,

I dissent.

~

Theodore Meyer

)“

~ard

Member

I,

Dorothy M.

Gunn, hereby certify that~theabove Dissenting

Opinion was filed on the

Y~

day of

________________,

1990.

/

Dorothy

M. ,Gunn,

Clerk

Illinois Pcyllution Control Board

112-~2E