ILLINOIS POLLUTION CONTROL BOARD
August
23, 1973
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
vs.
)
PCB 73—322
AJAX SAND AND GRAVEL, INC. an
Illinois corporation, HARRIS TRUST)
& SAVINGS BANK, as Trustee under
Trust #31605 and WESTERN NATIONAL
BANK OF CICERO, a National Bank
Corporation, as Trustee under its
Trust #3513, GARY-WHEATON BANK
as Trustee under Trust #1176
ORDER OF THE BOARD (by Mr. Henss)
Respondents move to strike the Complaint on the following
grounds: that imposition of a fine by this Board is not permitted
under the Constitution; that the procedure being followed deprives
Respondents of their right to a jury trial.
The motion is denied. The City of Waukegan case, 11 Ill.
ipp. 3rd 189(1973) relied upon by Respondents is now pending in
the Supreme Court of the State of Illinois on Certificate of
Importance and will decide whether this Board has constitutional
authority to impose monetary penalties. This issue has been
decided differently by the Appellate Courts of this State. In
order to be consistent and uniform in its application of the law
to pollution problems in various parts of the State this Board
will continue to exercise its apparent authority to impose monetary
penalties pending review of this issue by the Illinois Supreme
Court. The Statute does not provide for a jury trial. This is
entirely consistent with Section 13 of Article 1 of the 1970
Illinois Constitution which provides ‘~theright of trial by jury
as heretofore enjoyed shall remain inviolate.~ The Constitution
does not guarantee trial by jury in special statutory proceedings
of the type involved here.
The Motion to Strike Complaint is denied.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,
hereby certify the above Order was adopted this ~3~day of August,
1973
by
a vote of
3
to p
9
—
119