ILLINOIS POLLUTION CONTROL BOARD
July
19, 1973
ENVIRONMENTAL PROTECTION AGENCY
#73-85
V.
ALLISCHALMERS CORPORATION, a
Delaware Corporation qualified
to do business in Illinois, et a?
ORDER OF
THE BOARD
(BY SAMUEL
T.
LAWTON, JR.):
Motion has been filed by Respondent asking for
the
entryof
an order
that penalty provisions of
the Environmental Protection
Act are unconstitutional and neither accepting nor rejecting the
tender by Respondent to pay $2,500 as a penalty, and the dismissal
of all charges against Respondent,
or, in the alternative, for the
entry of an Order continuing the above case “including the question
o~~cc~P~L!gor rejecting the Respondent’s offer and of dismissing
afi cearges against said Respondent until a final and binding
determination has been made of the
constitutional question of the
Board~s power to impose money penalties.”
The motion to dismiss is denied. The Board is aware of the
conflicting Appellate Court decisions with respect to the Board’s
mower to
impose
penalties. However, it does not intend to suspend
itt:; enforcement actions pending a determination of this question
b~~’
the Suereme Court of Illinois. We will proceed with the hearing
of enforcement cases and shall assess penalties where appropriate.
What
the
Agency and the Attorney General do so far as the collection
of such
penalties
as assessed pending determination by the courts
of the basic penalty power will be for those Agencies, respectively,
to resolve. We shall continue to carry
out our statutory mandate
until directed othe~wise by appropriate authority.
IT IS SO ORDERED.
I, Christan Moffett, Clerk of
the
Pollution Control Board, certify
that the above Order
was adopted on the
/
~ day of July, 1973,
byavoteof
to
____
—
8
—
547