ILLINOIS POLLUTION CONTROL BOARD

October

15, 1987

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 86—50

CHICAGO STEEL CONTAINER

CORPORATION,

Respondent.

DISSENTING OPINION

(by J. Theodore Meyer):

I dissent

from the majority1s 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

the $5000

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 $5000 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 Meyer

B

rd Member

82—26 1

---

—2—

I, Dorothy

M. Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was filed

on the ~

day of

_________________,

1987.

~

)2~. ~

Dorothy

M. ‘Gunn, Clerk

Illinois Pollution Control Board

82—262