ILLINOIS POLLUTION CONTROL BOARD
    August
    23, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 73—322
    AJAX SAND AND GRAVEL, INC. an
    Illinois corporation, HARRIS TRUST)
    & SAVINGS BANK, as Trustee under
    Trust #31605 and WESTERN NATIONAL
    BANK OF CICERO, a National Bank
    Corporation, as Trustee under its
    Trust #3513, GARY-WHEATON BANK
    as Trustee under Trust #1176
    ORDER OF THE BOARD (by Mr. Henss)
    Respondents move to strike the Complaint on the following
    grounds: that imposition of a fine by this Board is not permitted
    under the Constitution; that the procedure being followed deprives
    Respondents of their right to a jury trial.
    The motion is denied. The City of Waukegan case, 11 Ill.
    ipp. 3rd 189(1973) relied upon by Respondents is now pending in
    the Supreme Court of the State of Illinois on Certificate of
    Importance and will decide whether this Board has constitutional
    authority to impose monetary penalties. This issue has been
    decided differently by the Appellate Courts of this State. In
    order to be consistent and uniform in its application of the law
    to pollution problems in various parts of the State this Board
    will continue to exercise its apparent authority to impose monetary
    penalties pending review of this issue by the Illinois Supreme
    Court. The Statute does not provide for a jury trial. This is
    entirely consistent with Section 13 of Article 1 of the 1970
    Illinois Constitution which provides ‘~theright of trial by jury
    as heretofore enjoyed shall remain inviolate.~ The Constitution
    does not guarantee trial by jury in special statutory proceedings
    of the type involved here.
    The Motion to Strike Complaint is denied.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,
    hereby certify the above Order was adopted this ~3~day of August,
    1973
    by
    a vote of
    3
    to p
    9
    —
    119

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