ILLINOIS POLLUTION CONTROL BOARD

July 26, 1973

ENVIRONMENTAL PROTECTION AGENCY

#72-465

v.

DEL MONTE CORPORATION

)

ORDER OF THE BOARD

(BY SAMUEL

T.

LAWTON,

JR.):

Motion to strike and dismiss has been filed by Respondent

alleging the absence of authority in the Board to impose a mone-

tary penalty based on alleged constitutional inhibitions and

contending that the absence of a right to trial by jury violates

constitutional rights.

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 ~2~iday

of July,

1973,

byavoteof

~

to

C

8

*