ILLINOIS POLLUTION CONTROL BOARD
    July 3, 1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 90-87
    (Enforcement)
    JERNBERG INDUSTRIES, INC.,
    a Delaware 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 Jernberg’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 $4,500 even comes close to any
    savings realized by Jernberg.
    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
    Jernberg. 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.
    113_SO
    2
    For these reasons, I dissent.
    J. Theodore Meyer
    Board Member
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above D:ssenting Opinion was filed
    on the
    _______
    day of
    _____
    __________
    1990.
    Do~ hy M. Gunn, Clerk
    Illinois Pollution Control Boarc
    11 3~O1)

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