ILLINOIS POLLUTION CONTROL BOARD

June

13,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—215

OLIN CORPORATION,

(JOLIET),

a Virginia Corporation,

Respondent,

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the

May

23,

1975,

complaint

of the Environ-

mental Protection Agency

(Agency)

charging

Olin Corporation

(Olin) with violation of Rule

103(b)

(2)

of the Air Regu-

lations in that Olin allegedly operated three coal fired

boilers without an operating permit from May

1,

1973 until

the filing of the complaint.

On June

5,

1975,

the Agency filed a

motion

to dismiss

upon

two

grounds:

1.

That Olin had filed

a permit application on July 13,

1973,

said permit being issued August

8,

1973;

and

2.

That prosecution could only find a technical

violation and that any penalty imposed “would

probably be characterized~bythe Illinois Appellate

Court, Third District,

as punitive in nature....”

While the Board finds the Agency~sfirst ground for

dismissal to be

sufficient,

it

takes

umbrage

at

the

Attorney

General~sunsought interpretation of the Illinois Supreme

Court

opinions cited in its motion,

That verbiage

is

not

only irrelevant, but is immaterial

to the motion to dismiss.

This Opinion constitutes

the findings of fact and

conclusions of law of the Board in this matter.

17

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329

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ORDER

It is the ORDER of the Board

hereby dismissed with prejudice.

IT IS SO ORDERED.

that this cause be and is

I,

Christan L. Moff~tt,Clerk of the Illinois Pollution

Control Board, hereby certify the above ORinion and Order

were adopted on the

day of

~

1975

by a vote of

()

~lBoard

17

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