ILLINOIS POLLUTION CONTROL

BOARD

October 18, 1973

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 73—109

ARNOLD N.

MAY,

HILLVIEW FARMS

FERTILIZERS,

INC.,

a domestic

corporation, and ARNOLD N.

MAY

BUILDERS,

INC.,

a domestic

corporation,

Respondents.

ORDER OF THE BOARD

(by Mr. Henss)

Respondents

have

filed

Motion

For

Board

Statement

On

Standard

Of

Proof

requesting

that

we

declare

that

“the

Environmental

Protection Agency of the State of

Illinois, by and through its

attorneys,

the Attorney General of

the State of Illinois, shall

be required to prove its case according to the Standard of Proof

~beyond a reasonable doubt’

as prescribed by the criminal

statute so providing”.

Respondent’s motion is denied.

This

is

a civil proceeding.

No criminal sanctions are requested by the

EPA nor do we have jurisdiction over criminal proceedings.

The

hearing shall be conducted under the Environmental Protection Act

and our Procedural Rules applicable to civil proceedings.

Respondents have also filed

a “Motion for Protective Order”

requesting that we

issue

a protective order

“to prevent tampering

with the witnesses”,

The claim is made that the Village of

Richmond has altered the flow of

raw

sewage in such manner as

to

cause offensive odors and that such action was taken in retribution

against August Asta,

a witness who lives near

the

Richmond Sewage

Treatment Plant.

Respondent’s motion

is essentially a request for

an injunctive relief and is beyond our powers~ he an administrative

Board

we

have only those nowers conferred upon

us

by the Legislature

and we

do

not possess in-~unctivepowers of the Courts~ Therefore,

the

Motion

:or

Protective

C)rder

rs aenied

wit0out

prejudice however

to

hesponfhent~

rlgh:

to

seek

such

relief

in

court~

II

ecu

party

ruLe

in.i:orp:.alio.ru

oh

tampenine

with

ev:Ldence

or

inirultion

of:

such

nature

hear: Inc

u~c.n:

the

c:ceLfh..1k.lily

of

witness

as