ILLINOIS POLLUTION CONTROL BOARD

July 12, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 71—358

ALUMINUM COIL ANODIZING CORPORATION,

Respondent.

ORDER

OF

THE

BOARD

(BY

SAMUEL

T.

LAWTON,

JR.):

Motion

to

continue

hearings

pending

resolution

by

the

Supreme

Court

of

Illinois

of

the

case

of

City

of

Waukegan

v.

Environmental Protection Agency has been filed by respondent.

The foregoing case holds that the Board does not possess power

to impose penalties notwithstanding the provisions of the

Environmental Protection Act.

We are not disposed to suspend enforcement procedures

pending resolution of the Waukeqan case.

In the first place,

the Board possesses enforcement capabilities in addition to

the assessment of penalties.

Second, we can make no pre-

iudgrnent at this stage that a penalty should be assessed.

Lastly,

in the event a penalty is assessed, the question of

its

collection can be resolved at that time, based upon status

of

the

Waukegan case,

or such other determination as may be

made as to the Board1

s capability of penalty assessment.

The motion to continue is denied.

IT

IS SO ORDERED.

I,

Christan

L.

Moffett,

Clerk of the Illinois Pollution Control

Board,

certify that the above Order

was

adopted by the Board on

the

~

day oi

~

1973,

by a vote of

to

_____

8

—

443