ILLINOIS POLLUTION CONTROL BOARD

June 21, 1990

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

PCB 90—57

(Enforcement)

LIFETIME ROOFTILE COMPANY,

)

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 Lifetime’s

noncompliance was economically beneficial in that it constructed

and operated its unpermitted equipment without the delay of

applying and waiting for the Agency to issue permits, and that it

avoided the costs of preparing permit applications, there is not

any specific information on the amount of that economic

benefit. Sectjcn 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. 1~ithout more specific information, it is impossible to

know if the penalty cf $2,500 even ccmes close to the savings

realized by Lifetime.

Finally, I am frustrated that, although this case was brought

in the name of the People of the State of Illinois, there is no

recognitition that costs and fees could have been

assessed

against Lifetime. Ill. Rev. Stat. 1989, ch. ill 1/2, par.

1042(f). 1 air 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 awardcosts and reasonable fees.

112—405

---

2

For these reasons, I dissent

~

~-~-

~

J. ~rheodore Meyer

Board Member

I, Dorothy M. Gunn, hereby certify that the above Dissenting

Opinion was filed on the

~ ~

day of

~ ~

,

1990.

Dorothy M.:~Gunn, Clerk

Illinois Pollution Control Board

112—406