Southern Illinois Asphalt Co. v. Pollution Control Board

In each of these consolidated cases the Appellate Court for the Fifth District, with one justice dissenting, held that the imposition of a discretionary monetary penalty by the Pollution Control Board under the authority of section 42 of the Environmental Protection Act (Ill. Rev. Stat. 1971, ch. lllVz, par. 1042) is invalid. (Southern Illinois Asphalt Co. v. Environmental Protection Agency (1973), 15 Ill. App. 3d 66; Airtex Products, Inc. v. Pollution Control Board (1973), 15 Ill. App. 3d 238.) We granted leave to appeal, and the cases were consolidated for decision and opinion in this…