ILLINOIS POLLUTION CONTROL BOARD
July
3,
1990
PEOPLE OF THE STATE
)
OF ILLINOIS,
Complainant,
v.
)
PCB 90—80
(Enforcement)
NOBERT PLATING COMPANY,
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
Nobert
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 $1,500 even comes close
to any savings realized by Nobert 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
Nobert Plating.
Ill.Rev.Stat.l989,
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--75
2
For these reasons,
I dissent.
J~JTheodoreM~yer
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.
Günn,
Clerk
Illinois Pollution Control Board
113—76