Harris-Hub Co. v. Pollution Control Board

In an administrative proceeding brought by the Illinois Environmental Protection Agency (EPA) before the Illinois Pollution Control Board (PCB), Harris-Hub Company, Inc. (Harris), was assessed a civil penalty of $500 for its failure to obtain an operating permit. Ill. Rev. Stat. 1973, ch. 1118, par. 1009(b).

Harris appeals, contending the PCB erred in assessing a civil penalty where: (1) the EPA assessment of a penalty was not an aid in enforcement of the PCB Air Pollution Control Regulations; (2) the EPA failed to allow Harris an opportunity for voluntary compliance; and (3) the EPA failed to…