ELR Citation: ELR 20208
No(s). 72-60 (Ill. App. Ct. Feb 4, 1973)

An order of the Illinois Pollution Control Board imposing a $1,000 fine for violation of the state Environmental Control Act is upheld. The power to impose monetary penalties granted by the Act does not constitute a prohibited delegation of legislative authority, because such quasi-judicial powers are incidental to the Board's administrative duties and fall outside the prohibition of the state constitution. Nor has the Board failed to make all findings required by the Act, since it has only to establish a prima facie case of a violation and need not make a finding relative to every claim or fact. Finally, the Act does not deprive petitioner of his constitutional right to a jury trial because such a right does not exist in this type of proceeding.

Counsel for Plaintiff
William E. Aken
11 Deerborne Square
Kankakee, IL 60901

Counsel for Defendant
Prescott E. Bloom
1504 1st National Bank Building
Peoria, IL 61602

Scott and Dixon, JJ., concur.