ILLINOIS POLLUTION CONTROL BOARD

July 19, 1990

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

v.

)

PCB 90—7

(Enforcement)

BLUE TEE CORPORATION (Azcon Scrap

Division),

a Maine 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 Blue Tee’s noncompliance

was

economically

beneficial

in

that

it

conducted

scrapping

operations without expending additional money to manually remove

wood

sections

of

railroad

cars,

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 $11,500 even comes close

to any savings realized by Blue Tee.

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

Blue Tee.

Ill.Rev.Stat.l989,

ch.

lii

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—3 19

---

2

For these reasons,

I dissent.

4

~

J.

‘~‘heodoreMeyer

Board Member

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that

he above Dissenting Opinion was filed

on the

/9~

day of

________________,

1990.

ç;;/

//

I

V

Dorothy M. )~unn, Clerk

Illinois P~’1lutionControl Board

113—321)