City of Monmouth v. Pollution Control Bd., Nos. 45896 and 45901

CourtSupreme Court of Illinois
Writing for the CourtGOLDENHERSH
Citation313 N.E.2d 161,57 Ill.2d 482
Decision Date29 May 1974
Docket NumberNos. 45896 and 45901
PartiesThe CITY OF MONMOUTH, Appellee and Appellant, v. The POLLUTION CONTROL BOARD et al., Environmental Protection Agency, Appellant and Appellee.

Page 161

313 N.E.2d 161
57 Ill.2d 482
The CITY OF MONMOUTH, Appellee and Appellant,
v.
The POLLUTION CONTROL BOARD et al., Environmental Protection
Agency, Appellant and Appellee.
Nos. 45896 and 45901.
Supreme Court of Illinois.
May 29, 1974.

[57 Ill.2d 483]

Page 162

Bufford W. Hottle, Jr., Monmouth, and Kenneth R. Shorts, Waukegan, for appellant and appellee.

William J. Scott, Atty. Gen., Chicago (Larry R. Eaton and Prescott E. Bloom, Asst. Attys. Gen., of counsel), for appellee and appellant.

GOLDENHERSH, Justice:

The City of Monmouth (hereafter City) petitioned the appellate court (Ill.Rev.Stat.1971, ch. 111 1/2, par. 1041; ch. 110, par. 264 et seq.) to review an order of the Pollution Control Board (hereafter the Board) in which it found that the City had violated section 9(a) of the Environmental Protection Act (Ill.Rev.Stat.1971, ch. 111 1/2, par. 1009(a)) and ordered it to take the actions hereafter discussed and to pay a fine. The appellate court (10 Ill.App.3d 823, 295 N.E.2d 136) vacated the order and remanded the [57 Ill.2d 484] cause to the Board for further proceedings. The Environmental Protection Agency and the Board, jointly, and the City, filed petitions for leave to appeal as a matter of right or in the alternative for leave to appeal, and we allowed both petitions for leave to appeal.

The Environmental Protection Agency commenced these proceedings by filing with the Board a complaint in which it alleged that the City was permitting a sewerage lagoon which it owned and operated to emit obnoxious odors into the environment causing air pollution in violation of section 9(a) of the Act. It asked the Board to enter a cease-and-desist order, to direct the City to physically cover the first stage of its three-stage lagoon, to obtain another source of water with a lower sulphate content or take any other measures necessary to terminate the odor, and to assess a penalty of $10,000 for each violation and $1,000 for each day the violation continued. Following a hearing the Board entered an order finding the City in violation of section 9(a), imposed a $2,000 fine, ordered the City to submit to the Environmental Protection Agency complete plans, specifications and a schedule detailing a program for covering the lagoon and incinerating the hydrogen sulfide which caused the odors, to file monthly progress reports with the Environmental Protection Agency and the Board, and 'to cease and desist from causing air pollution due to the uncontrolled emission of hydrogen sulfide odors within six months from date.' The City filed its plans, specifications and timetable with the Environmental Protection Agency as ordered by the Board, and also filed a petition for review in the appellate court.

The City contends first that the power conferred upon the Board to impose fines (Ill.Rev.Stat.1971, ch. 111 1/2, pars. 1033(b) and 1042) is invalid in that it is an unconstitutional

Page 163

delegation of judicial power. In City of Waukegan v. Pollution Control Board, 57 Ill.2d 170, 311 N.E.2d 146, we considered and decided adversely to the City the contentions[57 Ill.2d 485] and arguments presented in this case and they need not now be further discussed.

The City contends next that because a fine was imposed the action before the Board was a criminal proceeding. It argues that the complaint upon which a criminal proceeding is instituted must be verified (Ill.Rev.Stat.1971, ch. 38, par. 107--9) and the unverified complaint filed with the Board is, therefore, insufficient; that it was denied the right of trial by jury guaranteed by section 13 of article I of the Illinois Constitution, S.H.A., and as provided for in section 115--4 of the Code of Criminal Procedure (Ill.Rev.Stat.1971, ch. 38, par. 115--4), and that the evidence does not, as required by section 3--1 of the Criminal Code, prove beyond a reasonable doubt that it is guilty of the offense charged in the complaint. Our opinion in Waukegan makes it plain that the fines authorized by sections 33(b) and 42 of the Act were not designed to be, nor are they, criminal sanctions. The constitutional guarantee that 'the right to trial by jury as heretofore enjoyed shall remain inviolate' (Ill.Const. (1970), art. I, sec. 13) has been consistently interpreted by this court as inapplicable to special or statutory proceedings unknown to the common law. See People ex rel. Keith v. Keith,38 Ill.2d 405, 231 N.E.2d 387.

The City contends next that the order of the Board cannot be sustained because it is contrary to the decisions of this court holding that persons living in industrial communities must suffer without remedy any uncomfortable odors which are ordinarily and necessarily prevalent there. (See Gardner v. International Shoe Co., 386 Ill. 418, 54 N.E.2d 482, and cases cited therein.) In the Environmental Protection Act, the General Assembly has provided remedies to prevent or lessen air pollution which are in addition to those remedies recognized by the common law (see Ill.Rev.Stat.1971, ch. 111 1/ 2, par. 1045), and this it may do. City of Aurora v. Burns, 319 Ill. 84, 149 N.E. 784.

The City contends next that section 9 of the [57 Ill.2d 486] Environmental Protection Act (Ill.Rev.Stat.1971, ch. 111 1/2, par. 1009) is unconstitutional for the reasons that it does not contain sufficient standards for determining what constitutes air pollution and that the Board has not adopted regulations and standards as contemplated by that section. Section 9 provides: 'No person shall: (a) Cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as to cause or tend to cause air pollution in Illinois, either alone or in combination with contaminants from other sources, or so as to violate regulations or standards adopted by the Board under this Act.' It is apparent that under section 9(a) a complaint may be based on the violation of either the express statutory provision or the 'regulations or standards adopted by the Board * * *.' The complaint charged a violation of the express provision of the statute and not of a standard or regulation adopted by the Board and we need not, therefore, further consider the contention...

To continue reading

Request your trial
62 practice notes
  • Scott v. Association for Childbirth at Home, Intern., No. 53802
    • United States
    • Supreme Court of Illinois
    • November 20, 1981
    ...intended as a supplemental aid to enforcement rather than as a punitive measure. City of Monmouth v. Pollution Control Board (1974), 57 Ill.2d 482, 490, 313 N.E.2d In light of the foregoing, we conclude that whether section 2 is void for vagueness is to be determined by the inquiry whether ......
  • City of Chicago v. Cotton, No. 1-03-2892.
    • United States
    • United States Appellate Court of Illinois
    • February 28, 2005
    ...against her. Ramaker, 282 Ill.App.3d at 372, 217 Ill.Dec. 921, 668 N.E.2d at 109; see also City of Monmouth v. Pollution Control Board, 57 Ill.2d 482, 490, 313 N.E.2d 161, 166 (1974) ("the City, at substantial expense, co-operated in the implementation of every proposal, and * * * thro......
  • People v. Fiorini, Nos. 69756
    • United States
    • Supreme Court of Illinois
    • May 30, 1991
    ...Asphalt Co. v. Pollution Control Board (1975), 60 Ill.2d 204, 207, 326 N.E.2d 406; City of Monmouth v. Pollution Control Board (1974), 57 Ill.2d 482, 490, 313 N.E.2d Cleanup costs, however, are not included as "penalties" under title XII of the Act (Ill.Rev.Stat.1985, ch. 111 1/2,......
  • Habitat Co. v. McClure, Nos. 1-96-4145
    • United States
    • United States Appellate Court of Illinois
    • November 20, 1998
    ...trial does not apply to special or statutory proceedings which were unknown to common law. City of Monmouth v. Pollution Control Board, 57 Ill.2d 482, 313 N.E.2d 161 (1974)(no right to trial by jury to a claim under the Illinois Environmental Protection Act); Martin, 163 Ill.2d at 73-74, 20......
  • Request a trial to view additional results
62 cases
  • Scott v. Association for Childbirth at Home, Intern., No. 53802
    • United States
    • Supreme Court of Illinois
    • November 20, 1981
    ...intended as a supplemental aid to enforcement rather than as a punitive measure. City of Monmouth v. Pollution Control Board (1974), 57 Ill.2d 482, 490, 313 N.E.2d In light of the foregoing, we conclude that whether section 2 is void for vagueness is to be determined by the inquiry whether ......
  • City of Chicago v. Cotton, No. 1-03-2892.
    • United States
    • United States Appellate Court of Illinois
    • February 28, 2005
    ...against her. Ramaker, 282 Ill.App.3d at 372, 217 Ill.Dec. 921, 668 N.E.2d at 109; see also City of Monmouth v. Pollution Control Board, 57 Ill.2d 482, 490, 313 N.E.2d 161, 166 (1974) ("the City, at substantial expense, co-operated in the implementation of every proposal, and * * * through t......
  • People v. Fiorini, Nos. 69756
    • United States
    • Supreme Court of Illinois
    • May 30, 1991
    ...Asphalt Co. v. Pollution Control Board (1975), 60 Ill.2d 204, 207, 326 N.E.2d 406; City of Monmouth v. Pollution Control Board (1974), 57 Ill.2d 482, 490, 313 N.E.2d Cleanup costs, however, are not included as "penalties" under title XII of the Act (Ill.Rev.Stat.1985, ch. 111 1/2, pars. 104......
  • Habitat Co. v. McClure, Nos. 1-96-4145
    • United States
    • United States Appellate Court of Illinois
    • November 20, 1998
    ...trial does not apply to special or statutory proceedings which were unknown to common law. City of Monmouth v. Pollution Control Board, 57 Ill.2d 482, 313 N.E.2d 161 (1974)(no right to trial by jury to a claim under the Illinois Environmental Protection Act); Martin, 163 Ill.2d at 73-74, 20......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT