ILLINOIS POLLUTION CONTROL BOARD

June

7,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 90—106

(Enforcement)

VILLAGE OF IPAVA,

)

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I dissent from the majority’s acceptance of the complaint

in

this case.

I again object because this case was not brought in the name

of the people of the State

of

Illinois.

If the People had been

listed as a complainant in addition to the Illinois Environmental

Protection

Agency,

the Board

could potentially assess costs

and

reasonable fees against the Village of Ipava.

I11.Rev.Stat.1989,

ch.

111

1/2,

par.

1042(f).

1 am pleased

to note that

in three

recent enforcement complaints filed by the Attorney General,

the

actions are brought

in the name of the People,

and the requested

relief

includes

assessment

of

costs

and

fees.

(People

v.

J.D.

Plating Works, Inc., PCB 90-103, People v. L & B Wood Corporation,

PCB 90-104, and People v. Evangelical Health Systems, PCB 90—105.)

I

would

encourage

the

Attorney

General

to

continue

in

this

direction.

Therefore,

I believe that the People of the State of

Illinois should be an additional complainant

in this case.

For these reasons,

I dissent.

J.~JTheodore Meyer

Board Member

112—43

---

2

I,

Dorothy M.

Gunn,

hereby certify that

~t-pe

above Dissenting

Opinion was filed on the

c?~

day of

________________,

1990.

Dorothy M./Gunn,

Clerk

Illinois Pollution Control Board

112—44