ILLINOIS POLLUTION CONTROL BOARD

September 13, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 73—330

OZITE CORPORATION, a Delaware

corporation,

Respondent.

ORDER OF THE BOARD (by Mr. Henss)

Respondent has filed a Special and Limited Appearance and

Motion to Dismiss in

which it is contended that this Board lacks

jurisdiction to impose monetary penalties and lacks jurisdiction

to adjudicate criminal proceedings. That Motion is denied. The

authority of the Board to impose monetary penalties is now

pending before the Illinois Supreme Court on a Certificate of

Importance. Proper exercise of our statutory responsibilities

and uniformity in application of the law on a statewide basis,

:~equirethat we deny such motions until Supreme Court has made

i~:s decision. Since no criminal sanctions are requested in the

Complaint the second part of Respondent’s Motion is not applicable

to this proceeding.

Res ondent has also filed a Jury Demand which will be stricken.

Respondent’s Motion to Dismiss Count II of the Complaint is

taken ‘~ith the case.

It is ordered that Special Appearance and Motion to Dismiss

be denied; Jury Demand be stricken and Motion to Dismiss Count II

be taken with the case.

Mr. Odell abstains.

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the

above Order was adopted this

~

day ~

,

1973 by a vote of

,~.3

to

0

9

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