ILLINOIS POLLUTION CONTROL BOARD

December 3, 1987

ILLINOIS ENVIRONI4ENTAL

PROTECTION AGENCY,

Complainant,

V.

)

P03 86—25

BATES GRAPHIC INDUSTRIES, a

)

Delaware corporation, doing

business in Illinois,

Respondent.

DISSENTING OPINION (by 3. Theodore Meyer):

I dissent from the majority’s acceptance of the settlement

stipulation.

Neither the Illinois Environmental Protection Agency

(Agency) nor the 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

trie $2000 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 does not even cover the Agency’s costs and fees.

Additionally, the proposed settlement includes 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 $2000 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.

For these reasons, I dissent.

3. Theodore

M~yer

Bo rd Member

84—15

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereb certify th t the above Dissenting Opinion was filed

on the ~

day of

_________________,

1987.

Ill

S

on Control Board

84—16