ILLINOIS POLLUTION CONTROL BOARD

August 30, 1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V.

)

PCB 89—186

(Enforcement)

BULK MOLDING COMPOUNDS,

INC.,

and J.E.C.,

INC.,

Respondent.

DISSENTING OPINION

(by J.

Theodore Meyer):

I dissent

from the majorityts

acceptance

of

the settlement

stipulation in this

case.

I believe that the settlement agreement is inadequate.

There

is

no

assessment

of

any economic benefit

accrued

by

respondent

because

of

its

delay

in

compliance

with

pollution

control

requirements.

Section 33(c)

of the Environmental Protection Act

requires the Board to consider all facts and circumstances of the

action involved, and specifically sets forth six factors.

Because

the record

in this proceeding

is utterly bare

of any evidence

on

the economic benefit factor, the Board was unable to undertake even

the most

cursory

review

of

the

appropriateness

of

the penalty

agreed

upon

by

the

parties.

It

is

impossible

to

know

if

the

penalty

of

$12,000

even

comes

close

to the savings

realized

by

respondent.

I must also point out that

if

this case had been brought

in

the name

of the People

of

the

State

of

Illinois,

costs and fees

could

have been assessed against respondent.

Ill.Rev.Stat.1989,

ch.

111 1/2, par.

1042(f).

For these reasons,

I dissent.

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~

~J.

Theodor~

Meyer

Board Member

1 14-•7~l

---

2

I,

Dorothy N. Gunn,

hereby certify that~theabove Dissenting

Opinion was filed on the

~/-

-~

day of

________________,

1990.

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I

/

7/ ~

~

Dorothy N. Gunn,

Clerk

Illinois Pollution Control Board