ILLINOiS POLLUTION CONTROL BOARD
    MARCH 28,
    1974
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74—77
    HAMMOND
    ORGAN
    COM~AN~L,~
    Respondent.
    MOTION
    TO
    DISMISS
    ORDER OF THE BOARD
    (by Dr. Odell)
    A Complaint
    was
    filed against Respondent on February
    26,
    1974.
    Respondent filed a motion to dismiss on March
    6,
    1974,
    stating as its grounds:
    1.
    The Pollution Control Board
    (Board)
    lacks the power
    to impose monetary penalties under the Illinois Constitution.
    2.
    The imposition of a penalty without a jury trial
    violates the Illinois and United States Constitutions.
    3.
    The activities of the Pollution Control Board in
    hearing and deciding enforcement actions violate the separation
    of powers doctrine of the Illinois Constitution.
    Respondent’s motion to dismiss is denied. First, the
    Illinois Supreme Court
    is presently reviewing the issue of
    whether the Board can impose monetary penalties
    (City of
    Waukegan v.
    EPA, No. 45984).
    Second,
    two Illinois appellate
    courts have ruled that the right
    to a jury trial does not
    guarantee trial by jury in special civil statutory proceedings
    unknown to common law Ford
    v. Environmental Protection Agency
    9 Ill. App.3
    711 (1973);
    Cobin v. Pollution Control Board, No.
    71-334
    (January, l974)~.
    Third,
    the Fifth District Appellate
    Court has recently held that the powers delegated
    to the Board
    do not violate separation of powers Meadowlark
    v. Pollution
    Control Board,
    No. 73-49
    (February, l974)~.
    Motion to dismiss is denied.
    IT IS SO ORDERED.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby c rtify that the above Order was adopted
    on the ~~4”day
    of
    _____
    1974,
    by
    a vote of
    ~
    to
    0
    ~stanL.Mofet1erk
    11

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