ELR Citation: ELR 20788
No(s). 72-4 (Ill. App. Ct. May 2, 1973)

A state Environmental Control Act provision allowing the Illinois Pollution Control Board to impose a fine of up to $10,000 for a violation of the Act is held an illegal delegation of judicial power to an administrative agency. The fact that the statute provides for judicial review does not mitigate the illegality, since the power to fine is discretionary and on review the court must consider the Board's findings as prima facie correct. The court finds an additional ground for reversing the Board's order in the ambiguous nature of the statutory provisions. The dissent notes a recent decision to the contrary by another district of this court, and argues that the imposition of flexible monetary penalties by the Board is a necessary power to achieve the urgent legislative purpose of environmental protection and is sufficiently limited by standards, procedural safeguards, and judicial review. The dissent further suggests that the court's view of permissible administrative discretion is unreasonably restricted, and that it is unrealistic to draw a line between variable monetary fines and fixed monetary penalties or non-monetary administrative sanctions such as license revocation.

Counsel for Petitioners
Murray R. Conzelman
Conzelman, Schultz, O'Meara & Snarski
33 North County Street
Waukegan, IL 60085

John R. Sloan
Hall, Meyer, Fisher, Holmberg, Snook & May
25 North County Street
Waukegan, IL 60085

Counsel for Respondents
William J. Scott Attorney General
Lee A. Campbell Asst. Attorney General
160 North La Salle Street
Chicago, IL 60601

ABRAHAMSON, J., concurs.

SEIDENFELD, J., dissents.