ILLINOIS POLLUTION CONTROL BOARD
    August
    30,
    1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 72—185
    SPINNEY RUN FARMS,
    Respondent.
    SPINNEY RUN FARMS,
    Petitioner,
    vs.
    )
    PCE 72—327
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by Mr.
    Henss)
    Upon Petition for Reconsideration,
    the July 12,
    1973 Order
    of
    the Board is modified
    to delay payment of monetary penalty
    by
    4 months.
    The Constitutional authority
    of this Board. to
    impose a monetary
    penalty
    is now being reviewed by the Illinois
    Supreme Court.
    We will
    continue to impose monetary
    penalties
    until we have been mandated
    to cease
    doing
    so.
    However, where
    an
    appeal
    of our
    decision
    is
    being contemplated,
    we
    will delay
    payment of
    the
    monetary
    penalty
    in order to
    avoid
    a
    multiplicity
    of
    appeals
    raising
    this
    same issue.
    Paragraph
    1
    of
    the Order
    now reads as
    follows:
    “1.
    Spinney Run Farms shall
    pay to
    the State
    of
    Illinois
    by December
    10, 1973 the
    sum of
    $2,000
    as
    a
    penalty
    for
    the violations
    found in this proceeding.
    Penalty
    payment
    by certified check
    or money
    order payable
    to
    the State
    of
    Illinois
    shall be
    made to:
    Fiscal
    Services
    Division,
    Illinois EPA,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706.”
    IT IS
    SO ORDERED.
    9
    —
    141
    —2—
    I,
    Christan
    L.
    i~offett, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify the above Order was adopted this
    3o~’~
    day of August,
    1973 by
    a vote of
    ~
    to ~
    9
    —
    142

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