ILLINOIS POLLUTION CONTROL BOARD

MARCH 28, 1974

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 73—514

NATIONAL PHOSPHATE CORPORATION,

Respondent.

ORDER OF THE BOARD (by Dr. Odell)

On December 7, 1973, the Environmental Protection

Agency (EPA) filed its Complaint against Respondent. On

March 11, 1974, Respondent filed three motions to dismiss with

the Pollution Control Board (Board). The grounds stated in

the motion were:

1. Section 3(b) and Section 9(a) of the Environmental

Protection Act (Act) are unconstitutional in that the definition

of “air pollution” is so vague as to violate due process.

2. The Hearing Officer~s function does not extend to

making preliminary findings of fact as to the credibility and

demeanor of witnesses. Respondent alleged that this violates

due process.

3.

The power of the Pollution Control Board to impose

monetary penalties is an unconstitutional

delegation of

legislative and judicial powers

in

that standards are in-

sufficient

to properly circumscribe Board action.

Respondent~s motions are denied for the following reasons.

First, the Appellate Court for the Fifth District has upheld

the definition of ~air pollution” contained in the statute as

not violating due process ~ee Southern Illinois Asphalt

V.

EPA

303

NE2 606 (October.~ 1973); Cabin v. Pollution Control Board

No. 71-334 (January, i974)~.

Second,

P~eecondent~sobjection

to the limits imposed on the searing Offirer

is without

foundation. Rule 318(c) of the Procelura

Rules (effective

March 6, 1974) mandates a statement

by

the Hearing Officer as

to credibility of wItness which becomes

cart of the official

record. Third, the issue of the Boar~i~

cower

to impose

penalb~-e~

now before the. Illinois

Suereme Ce~r: ~see

City

of Wacc1~~

__

rio 4~h~0u

TOW(

r, ~v

a

-~

t-

he ~

---

—2—

authority would not warrant dismissal of this Complaint because

Section 33(a) of the Act does not limit the Board’s power

merely to the imposition of penalties.

Motions to dismiss are denied.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby cer fy that the above Order was adopted on the

.~6~’dayof

_______,

1974, by a vote of

~

to ~

Christan L. Moffe~i Clerk

11 —694