ILLINOIS POLLUTION CONTROL BOARD

October 11,

1990

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

V.

)

PCB 90—120

(Enforcement)

WILLIAM J. LANGHEIM,

)

d/b/a LANGHEIM READY NIX,

)

PATRICK LAMGHEIM, d/b/a

)

LANGHEIM READY NIX, and

)

CONCRETE MIDWEST CO.,

INC.,

)

)

Respondent.

DISSENTING OPINION

(by J. 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

operated

without

expending

money

for

particulate

reduction

equipment, 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 $2,500 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.l989,

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—30 7

---

2

For these reasons,

I dissent.

J~4

Theodoj~Never

Board Member

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was filed

on the

~

day of

________________,

1990.

Dorothy

~7

Gunn,

Clerk

Illinois Thllution Control Board

115—308