Modine Manufacturing Co. v. Pollution Control Board

Modine Manufacturing Company (Modine) petitions for review of an order of the Pollution Control Board (PCB) in an action instituted by the Environmental Protection Agency (EPA), in which the PCB imposed a $10,000 civil penalty against Modine for operating a facility without a permit in violation of section 9(b) of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1987, ch. lllVa, par. 1009(b)).

The only issue presented for review is whether the $10,000 penalty was necessary to aid in the enforcement of the Act.

The record of the proceedings below establishes the following facts. Modine is…