ILLINOIS POLLUTION CONTROL BOARD
    July 3, 1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 90-79
    (Enforcement)
    PIONEER PLATING COMPANY, INC.,
    an Illinois corporation,
    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 Pioneer Plating’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, 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 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 Pioneer Plating.
    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
    Pioneer Plating. 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.
    113--71
    2
    For these reasons, I dissent.
    J/~JrheodoreMeyer’
    Board Member
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that
    the
    above Dissenting Opinion was filed
    on th~
    _______
    d y of
    _________________
    ,
    1990.
    /
    Dorothy M.~~Gunn,Clerk
    Illinois Pollution Control Board
    113—72

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