ILLINOIS POLLUTION CONTROL BOARD
    July 19,
    1973
    PEOPLE OF THE STATE OF ILLINOIS
    #73—252
    v.
    D.
    A.
    STUART OIL COMPANY, LTD.,
    a foreign corporation
    ORDER OF THE BOARD
    (BY SAMUEL T.
    LAWTON,
    JR.):
    Motion to strike and dismiss the,proceeding has been filed
    by Respondent, alleging the unconstitutionality of the Boardts
    power to assess penalties,
    the characterization of the proceeding
    as
    a criminal action,
    the unconstitutionality of the statute and
    particularly Section
    31 thereof, the absence of provision for a
    jury trial and the insufficiency in law of the complaint.
    Respondent also contends that the proceeding
    is barred by
    virtue of prior adjudication based on an injunction proceeding
    filed in the Circuit Court of Cook County,
    Case No.
    73 CH 1788,
    in
    which the injunction action was dismissed with leave granted
    the
    Agency
    to
    file
    an
    amended
    complaint
    within
    28
    days.
    The
    Agency
    did
    not
    file
    a
    new
    complaint
    in
    the
    court
    proceeding,
    but
    did
    file
    the
    instant
    complaint
    before
    the
    Board.
    On
    July
    5,
    1973,
    the Circuit Court proceeding was dismissed.
    Respondent contends
    that the foregoing sequence of events bars the present action
    on the doctrine of res judicata.
    We find all of Respondent’s contentions wholly lacking in
    merit and deny the motion to strike and dismiss.
    We are aware of the conflicting opinions in the Appellate
    Courts of Illinois with respect to the Board’s power of assessing
    a penalty, but will continue to carry out our statutory mandate
    until directed otherwise iy the proper authority.
    The instant pro-
    ceeding is not a criminal action.
    Neither the statute nor the com-
    plaint filed herein are vague or indefinite or result in the denial
    of due process to Respondent.
    We have previously held that a jury
    trial
    is not appropriate in matters heard by the Board under the
    Environmental Protection Act.
    We
    do not believe the complaint filed
    herein is insufficient in law for reasons alleged by Respondent, nor
    do we believe that the sequence of events alluded to in the Circuit
    Court constitute res judicata as to the proceeding presently before
    the
    Board.
    8— 559
    The
    motion
    to
    strike
    and
    dismiss
    is
    denied.
    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
    4~
    to
    T~
    —2—
    8
    —
    560

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