July 12, 1973ENVIRONMENTAL PROTECTION AGENCY,Complainant,v.
) PCB 73—216
WILLIAM A.
DILLON AND CITY OF CHICAGO,
Respondents.
We find the contention of the City of
Chicago wholly lacking in merit and deny the motion to dismissin its entirety.
Whether or not the activities of the respondents and the
refuse involved are susceptible to statutory and regulatoryprovisions and ultimate Board order can only be determinedafter a full hearing on the facts of the case.
(See Environmental Protection Agency v.
James McHugh Construction Company et al, PCB72-9l.) Any penaltyassessed by the Board would be a civil and not a criminalpenalty. Motio...
Allowed
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