ILLINOIS POLLUTION CONTROL BOARD
N~vemher 8, 1973
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 73—282
ADOLPH RAYMOND AND JOSEPH NOVELLE,
Respondents.
ORDER OF THE BOARD (by Mr.~Henss)
Respondents have filed Motion to Strike all portions of
Complaint seeking assessment of fine. That Motion is denied.
The authority of the Board to assess monetary penalties is
an issue now pending before the Illinois Supreme Court in
City of Waukegan vs. EPA and PCB. The Board has determined
to deny motions of this type pending ruling by the Illinois
Supreme Court. The issue may be raised again by Respondent
following the issuance of a Supreme Court decision in the
Waukegan case.
Respondents Motion for Continuance is also denied. A
review of the pleadings indicates that the Waukegan case will
not decide all of the issues herein and that issues will remain
for adjudication even if the Supreme Court decision is favorable
to the position taken by Respondents. We do not decide the
merits but simply that the trial should proceed. Respondent
is not barred from raising these same points at the hearing or
in post hearing motions.
Motion to Strike all portions of Complaint seeking assessment
of fines is hereby denied. Motion for Continuance is hereby
denied.
10—31
—2—
I, Christan L. Moffett, Clerk of the Illinois Pollution Goi~trol
Board, hereby certify the above Order was adopted this
________
day of
__________,
1973 by a vote of _____toO
10—32