ILLINOIS POLLUTION CONTROL BOARD
May 18,
1984
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 84—11
CORNBELT PS, INC.
an Illinois Corporation,
Respondent.
ORDER OF THE
BOARD
(by J. D. Dumelle):
This matter comes before
the Board upon a May 4,
1984
motion to dismiss or transfer Count VI to the Circuit Court
filed on behalf of Cornbelt FS,
Inc.
Cornbelt FS argues that
the imposition of a monetary penalty for the killing of fish
constitutes a cause of action to which a right to a trial by
jury
attaches.
The Illinois Environmental Protection Agency
responded in opposition stating that such a right does
not attach where the
cause
of action is one “unknown to the
common law”
(Ford v. Environmental Protection Agency,
9
Ill.
App.
3d 711, 719,
292 N.E.
2d 540 (1973),
and that the cause of
action here is a special statutory proceeding unknown at common
law.
The Board agrees and the motion
is hereby denied.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control B9ard hereby certify that the above Order was adopted on
the
~
day of _______________________, 1984 by a
vote
of
~
—.
Christan L. Mof~M
Clerk
Illinois Pollutio’~YtontrolBoard
58-137