ILLINOIS POLLUTION CONTROL BOARD
    October
    11,
    1990
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 90—92
    (Enforcement)
    LENNON WALLPAPER COMPANY,
    )
    a Delaware corporation,
    )
    Respondent.
    DISSENTING OPINION
    (by 3. Theodore Meyer):
    I dissent
    from the majority’s
    acceptance
    of the settlement
    stipulation in this case.
    Although
    the
    proposed
    settlement
    agreement
    states
    that
    respondent’s noncompliance was economically beneficial
    in that
    it
    constructed and
    operated
    its
    six presses
    without
    the delay
    of
    applying to and waiting for the Agency to issue permits, and that
    it
    avoided
    the costs
    of
    preparing
    applications
    and paying
    site
    fees,
    there
    is not any specific information on the amount of that
    economic benefit.
    Section 33(c)
    of the Environmental Protection
    Act
    (and
    new
    Section
    42(h) (3),
    as
    contained
    in
    P.A.
    86—1363,
    effective
    September
    7,
    1990)
    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 $3,000 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.
    115—271
    2
    For these reasons,
    I dissent.
    3. T~4eodoreM~yer
    Board Member
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was filed
    on the
    /6~t~ day of
    ________________,
    1990.
    Illinois
    Control Board
    115—272

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