ILLINOIS POLLUTION CONTROL BOARD
    June
    27, 1974
    )
    CITIZENS FOR A BETTER ENVIRONMENT,
    )
    an Illinois Not-For-Profit Corporation
    )
    )
    )
    v.
    )
    PCB 74-20
    )
    )
    CIRCUIT ETCHINGS TECHNICS,
    INC.,
    )
    an Illinois Corporation, THOMAS A.
    )
    SROKA,
    and
    DR.
    RICHARD
    BRICELAND,
    As
    )
    Director-Designate,
    Illinois
    Environ-
    )
    mental
    Protection
    Agency
    )
    ORDER OF THE BOARD
    (by Mr. Dumelle):
    Defendant,
    Circuit Etchings Technics,
    Inc.,
    filed
    a
    Motion
    to
    Dismiss
    Count
    1
    of
    the
    Complaint
    based
    upon
    the
    allegations
    that
    the
    prosecution
    by
    a
    local
    enforcement
    officer
    for
    violations
    of
    the
    Lake
    County
    Health
    Ordinances,
    for
    substantially
    the
    same
    conduct
    bars
    prosecution
    under
    the
    Illinois
    Environmental
    Protection
    Act
    and
    Board
    Regu1ations~
    “An
    administrative
    order
    to
    pay
    a
    penalty
    is
    not
    the
    consequence
    of
    a
    criminal
    prosecution
    and
    such
    payment
    does
    not
    constitute
    a
    criminal
    penalty”
    (See
    EPA
    v.
    City
    of
    Champaign
    et
    al,
    PCB
    71-SiC,
    (September
    16,
    1971)).
    ‘The
    Board
    has
    previously
    held
    that
    “the
    State
    has
    several
    laws
    against
    pollution,
    and
    a
    complaint
    alleging
    violations
    of
    one
    of
    them
    does
    not
    preclude
    a
    complaint
    by another party alleging violation of another
    law”
    (League of Women Voters
    v.
    North
    Shore
    Sanitary
    District,
    PCB 70-7,
    (October
    8,
    1970)).
    The Illinois Supreme Court has held that
    “the fines authorized by Sections
    33(b)
    and
    42 of the Act were
    not designed to be
    nor
    are they, criminal sanctions’t
    (The City
    of Monmouth
    v.
    Pollution Control Board,
    et al..
    Ill,
    and
    City of Waukegan v. Pollution Control Board _______Ill.
    ).
    Because
    the
    plantiffs
    are
    not
    the
    same
    party,
    and
    because
    the Board sanctions
    are not criminal in nature,
    the
    Board
    hereby
    denies
    Defendants
    Motion to Dismiss.
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    12
    —
    633
    -2-
    Board,
    hereby
    certify
    the
    above
    Ordpr
    was
    adopted
    on
    the
    _________
    day of June,
    1974 by
    a vote of
    4’—~
    ~tan.iofth~4~k
    Illirrois
    Pollution
    trol
    Board

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