ILLINOIS POLLUTION CONTROL BOARD

August 30, 1990

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

V.

)

PCB 90—68

(Enforcement)

OSCAR MAYER FOOD CORPORATION,

a Delaware corporation,

)

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

was able to dispose of unmanifested special waste at a landfill at

a reduced cost, there is not any specific information on the amount

of.that economic benefit. Section 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 that an economic

benefit was realized. Without more specific information, it is

impossible to know if the penalty of $7,500 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 an

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.

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()

I

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For these reasons, I dissent.

J .~heodo~e

j 1-u- t’

Meyer

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 N. Gunn, Clerk

Illinois Pollution Control Board

11

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