June 9, 1971ENVIRONMENTAL PROTECT ION AGENCY #7l~31V.
SOUTHERN ILLINOIS ASPHALT CO., INC.
1 — 665
5 • That the Act and Rules so foreclose one chargedwith a misdemeanor of a jury trial by a court,and are, therefore, unconstitutional.
We order Respondent to cease and desist all oper’
tion of its plant at its present location without a cermit.
See Environmental Protection Agency v.
Modern Plating Corporation, #70-38, with regard to all aspects of
the capability of the Board to impose penalties by way of fines and1— iso to do so without the need for trial by jury, All constitutionalcontentions are lacking in merit a...
Allowed
scantmp5
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