ILLINOIS POLLUTION CONTROL BOARD

February 26,

1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—494

PIELET BROS. TRADING,

INC.,

an

Illinois corporation, and

SEYMOUR PIELET,

)

Respondents.

ORDER OF THE BOARD

(by Mr. Young):

On February 17,

1976, Respondent filed with the Board

its Motion to Dismiss or in the Alternative to Strike.

This

Motion is based on the theory that the Board’s power to

impose variable fines

is an unconstitutional delegation of

judicial power.

The Supreme Court of Illinois has specifically rejected

this argument in City of Waukegan v.

Environmental Protection

Agency,

57

Ill.

2d 170

(1974).

Respondent’s Motion is there-

fore denied.

IT

IS SO ORDERED.

I,

Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify the above Order was adopted on

the~~(.l~’day of

—~Z~tJj..U44~,

,

1976 by a vote

Christan L. Moff~t

lerk

Illinois Pollution

ontrol Board