ILLINOIS POLLUTION CONTROL BOARD
    October 11,
    1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    V.
    )
    PCB 90—116
    (Enforcement)
    GRAHAN
    PAINT
    AND
    VARNISH CO.,
    )
    INC.,
    an Illinois corporation,
    )
    Respondent.
    DISSENTING OPINION
    (by J. Theodore Neyer):
    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
    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
    (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 full 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
    $2,750 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.
    111 112,
    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—301

    2
    For these reasons,
    I dissent.
    J. T~eoäoreMeyer
    Board Member
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Dissenting Opinion was filed
    on the
    /.5~Z
    day of
    _________________,
    1990
    lution Control Board
    115—30 2

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