ILLINOIS POLLUTION CONTROL BOARD

July

19, 1973

ENVIRONMENTAL PROTECTION AGENCY

#73-85

ALLISCHALMERS CORPORATION, a

Delaware Corporation qualified

to do business in Illinois, et a?

ORDER OF

THE BOARD

(BY SAMUEL 

LAWTON, JR.):

Motion has been filed by Respondent asking for 

the

entryof

an order 

that penalty provisions of

the Environmental Protection

Act are unconstitutional and neither accepting nor rejecting the

tender by Respondent to pay $2,500 as a penalty, and the dismissal

of all charges against Respondent,

or, in the alternative, for the

entry of an Order continuing the above case “including the question

o~~cc~P~L!gor rejecting the Respondent’s offer and of dismissing

afi cearges against said Respondent until a final and binding

determination has been made of the 

constitutional question of the

Board~s power to impose money penalties.”

The motion to dismiss is denied. The Board is aware of the

conflicting Appellate Court decisions with respect to the Board’s

mower to 

impose

penalties. However, it does not intend to suspend

itt:; enforcement actions pending a determination of this question

b~~’

the Suereme Court of Illinois. We will proceed with the hearing

of enforcement cases and shall assess penalties where appropriate.

What 

the

Agency and the Attorney General do so far as the collection

of such 

penalties

as assessed pending determination by the courts

of the basic penalty power will be for those Agencies, respectively,

to resolve. We shall continue to carry 

out our statutory mandate

until directed othe~wise by appropriate authority.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of 

the

Pollution Control Board, certify

that the above Order

was adopted on the 

~ day of July, 1973,

byavoteof

____

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547