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