ILLINOIS POLLUTION CONTROL BOARD

N~vemher 8, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 73—282

ADOLPH RAYMOND AND JOSEPH NOVELLE,

Respondents.

ORDER OF THE BOARD (by Mr.~Henss)

Respondents have filed Motion to Strike all portions of

Complaint seeking assessment of fine. That Motion is denied.

The authority of the Board to assess monetary penalties is

an issue now pending before the Illinois Supreme Court in

City of Waukegan vs. EPA and PCB. The Board has determined

to deny motions of this type pending ruling by the Illinois

Supreme Court. The issue may be raised again by Respondent

following the issuance of a Supreme Court decision in the

Waukegan case.

Respondents Motion for Continuance is also denied. A

review of the pleadings indicates that the Waukegan case will

not decide all of the issues herein and that issues will remain

for adjudication even if the Supreme Court decision is favorable

to the position taken by Respondents. We do not decide the

merits but simply that the trial should proceed. Respondent

is not barred from raising these same points at the hearing or

in post hearing motions.

Motion to Strike all portions of Complaint seeking assessment

of fines is hereby denied. Motion for Continuance is hereby

denied.

10—31

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—2—

I, Christan L. Moffett, Clerk of the Illinois Pollution Goi~trol

Board, hereby certify the above Order was adopted this

________

day of

__________,

1973 by a vote of _____toO