ILLINOIS POLLUTION CONTROL BOARD
July 3, 1990
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
v.
)
PCB 90-81
(Enforcement)
U.S. PLATING CORPORATION,
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 U.S. 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 U.S. 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
U.S. Plating. Ill.Rev.Stat.l989, ch. ill 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.
11)
2
For these reasons, I dissent.
J.~heodore M~y~?~
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./Gunn, Clerk
Illinois Pollution Control Board
113—80