APPEAL from the Illinois Pollution Control Board.
Rehearing denied July 21, 1972.
This case originally arose before the Pollution Control Board of the State of Illinois, (hereinafter described as "Board") on complaints of various respondents alleging that the Petitioner was polluting the air and waters of Lake Michigan and the Skokie Drainage Ditch. The Petitioner, hereinafter described as the "District", has filed a Petition for Review of the order of the Board, pursuant to the Environmental Protection Act (Ill. Rev. Stat. 1970, ch. 111 1/2, sec. 1040), and the Administrative Review Act (Ill. Rev. Stat. 1969, ch. 110, sec. 264 et seq.). The Board consolidated the complaints of the Respondents and, after lengthy hearings, issued an order dated March 31, 1971, which is brought here for review. This order made the following findings, all of which are either undisputed or clearly disclosed by the record:
"1. That the discharges of the District were polluting the air and waters of Lake Michigan and the Skokie Drainage Ditch in violation of the Environmental Protection Act and the regulations promulgated thereunder.
2. That the District has developed plans of its own to abate the pollution that was found to exist.
3. That the improvements and expansion of treatment facilities deemed necessary under the plans of the District would cost approximately $50,000,000.00.
4. That the District had no general fund or funds on hand to enable it to construct the improvements and additional facilities necessary to abate the pollution found to exist."
Paragraphs One and Two of the order of March 31, 1971, directed the District to cease and desist from polluting the waters of Lake Michigan and the Skokie Drainage Ditch and the air at or near its present waste treatment facilities until construction of the additional treatment facilities had been completed as required by the order.
The record further clearly disclosed that the District had previously issued $35,000,000.00 in bonds in 1968, and that said prior bonds approached 5% of the total value of the taxable property contained within the geographical area comprising the District. By reason of these facts, paragraph three of the order of the Board provided, in part as follows:
"The District is hereby ordered under Section 46 of the Environmental Protection Act to issue general obligation or revenue bonds, after July 1, 1971, in the amounts necessary to complete the proposed expansion of its treatment facilities in accordance with its proposed expansion program, * * *. Under this order the District is hereby authorized to issue such bonds up to the amount of $50 million, * * *."
The validity of the quoted portion of paragraph three is challenged by the District upon the following basis:
"1. That the Board had no statutory authority to order the District to issue bonds without a referendum.
2. That the Board had no statutory authority to order the District to issue bonds in excess of its statutory debt limitations.
3. That the order is unconstitutional in that it permits a State agency to impose a tax on the citizens of the District and it violates the constitutional ...