ILLINOIS POLLUTION CONTROL BOARD
    July 3, 1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    v
    )
    PCB 90—71
    (Enforcement)
    LUTHERAN GENERAL HOSPITAL,
    )
    INC., d/b/a LUTHERAN GENERAL
    HOSPITAL-LINCOLN PARE,
    an Illinois corporation,
    Respondent.
    DISSENTING OPINION (by J. Theodore Meyer):
    I dissent from the majorityts 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 that Lutheran General’s noncompliance was economically
    beneficial in that it operated its unpermitted equipment without
    the delay of applying to and waiting for the Agency to issue
    permits, and Lutheran General denies that there was any economic
    benefit, there is not any further information on the issue of any
    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 any economic benefit.
    Without more specific information, it is impossible to know if the
    penalty of $5,000 even comes close to any savings realized by
    Lutheran.
    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
    Lutheran. Il1.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.
    I 13—(~7
    2
    For these reasons, I dissent.
    J. Theodore ~eyer
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was filed
    on the
    ~ t~
    day of
    ____________—,
    1990.
    //
    /
    Dorothy M. tunn, Clerk
    Illinois Pollution Control Board
    113-68

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