ELR Citation: ELR 20054
No(s). 45014 (Ill. Oct 2, 1972)

A state statutory scheme allowing a fixed annual amount of industrial discharge, with a surcharge for reasonable excess, is upheld. The scheme is a valid exercise of the police power in the interest of public health. Due process is not denied simply because industry is not allowed to use less costly monitoring techniques, as the techniques required are reasonably necessary to accomplish the purpose of the statute and are not unduly oppressive. Finally, the discrimination between industry and non-industry, and between those who discharge more than the allowable amount and those who discharge less, does not violate equal protection.

Counsel for Plaintiffs
Lee A. Monroe
Sidley and Austin
One 1st National Plaza
Chicago, IL 60670

Counsel for Defendants
Fred F. Herzog
Allen S. Lavin
100 E. Erie Street
Chicago, IL 60611