ILLINOIS POLLUTION CONTROL BOARD
    July 3, 1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 90-85
    (Enforcement)
    GEORGE M. ELIOPULOS,
    )
    d/b/a ELLIS CLEANERS,
    an involuntarily dissolved
    )
    partnership,
    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 respondent’s
    noncompliance was economically beneficial in that respondent
    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 respondent.
    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
    respondent. 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.
    113~5
    2
    For these reasons, I dissent.
    J. ~çheodore M~yer
    Board Member
    I, Dorothy N. 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

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