ILLINOIS POLLUTION CONTROL BOARD

June

2,

1988

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 86—184

NATIONAL ELECTROPLATING,

LTD..,

an Arizona Corporation, ALLEN G.

)

SKJOLDAGER, individually and

d/b/a National Electroplating,

Ltd.

Respondents.

DISSENTING OPINION

(by J.

Theodore Meyer):

I dissent

from the majority’s acceptance

of the settlement

stipulation.

Neither

the

Illinois Environmental Protection Agency

(Agency) nor the Illinois Attorney General

has promulgated any

standards

as to what factors should

be considered when

negotiating

a fine

to be imposed pursuant

to

a settlement

agreement.

I believe that the $3,000 fine agreed upon

in the

instant case is not sufficient.

If this enforcement action had

been brought by

a State’s Attorney or by the Attorney General

in

the name

of the people of the State

of Illinois, Respondent could

have been assessed costs and reasonable attorney’s fees.

Ill.

Rev.

Stat.

1985,

ch.

1111/2,

par.

1042(f).

I am concerned that the

instant fine may not even cover

the Agency’s costs and fees.

Additionally,

the proposed settlement included no

information

on the amount of money respondent may have saved by

not complying with the Act and

the Board’s regulations.

Respondent may have realized quite

a savings by failing

to use

the appropriate controls,

and the $3,000 fine may be merely a

“drop

in the bucket” compared with those savings.

Such

a low

fine

in the face

of possibly

large savings through non—compliance

does not encourage the regulated

community to comply with

the Act

and the Board’s

regulations.

90—19

---

—2—

For these reasons,

I dissent.

JST~l!1eodorek4eyer

Board Member

I,

Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify that

the above Dissenting Opinion was filed

on the

3’4

day of

_________________,

1988.

Dorothy

M. ~V~unn,Clerk

Illinois

Pollution Control Board

90-20