ILLINOIS POLLUTION CONTROL BOARD
    June 21, 1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 90-55
    (Enforcement)
    UNITED ANERICAN METALS,
    )
    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 United American Metals’
    (UAN) noncompliance was economically beneficial in that it avoided
    the costs of site fees and preparation of permit applications and
    operated its lead melting pots 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 an
    economic benefit was realized. Without more specific information,
    it is impossible to know if the penalty of $4,500 even comes close
    to the savings realized by UAN.
    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
    UAN. I1l.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.
    1 I2—3~)7
    2
    For these reasons, I dissent.
    J.~Theodore Meyer
    Board Member
    I, Dorothy 14. Gunn, hereby certify that the above Dissenting
    Opinion was filed on the
    ~
    day of
    ________________,
    1990.
    /
    Dorothy 14~/Gunn, Clerk
    Illinois Pollution Control Board
    112—398

    Back to top