ILLINOIS POLLUTION CONTROL BOARD

April

 12, 1979

PEOPLE OF THE

STATE OF ILLINOIS,

Complainant,

v.

)

 PCB 76—84

SANTA FE PARK ENTERPRISES,

 INC.,

)

 Illinois corporation,

Respondent.

ORDER OF THE BOARD

 (by Mr. Goodman):

This matter

 is before the Board upon the November

17,

1978 motion by Complainant herein to compel payment

of

witness fees and the November 20, 1978 motion of Respondent

herein to dismiss.

With respect to Complainant’s motion to compel payment

of witness

 fees,

 the Board finds that

 it has neither the

power nor the inclination to enforce private agreements

between the parties before

it.

 The motion to compel payment

of witness

 fees

 is therefore denied.

With respect

 to Respondent’s motion

 to dismiss,

the

Board finds that this

 is not a proper forum to decide the

constitutionality

 of a statute enacted by the Legislature of

the State of Illinois.

 In addition,

 the Board finds that in

cases

 such as

 this the Board is constrained

 to apply the law

as

it

 is currently stated.

 Finally, the Board is not persuaded

by technical

 arguments about the language of PA 80—1422 put

 forth by

 Complainant.

 It is the Order of the Board, therefore,

that this case be and

 is hereby dismissed.

IT

 IS SO ORDERED.

I,

 Christan L.

 Moffett, Clerk of the Illinois Pollution

Control Board,

 hereby certify the above Order was adopted on

the

Jd~

day of

 1979 by

 a vote of

____

Christan L. Mof~A~),Clerk

Illinois Polluti6ti Control Board

33—311