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Processing & Books v. Pollution Control Bd.

OPINION FILED JUNE 28, 1976.

PROCESSING AND BOOKS, INC., ET AL., APPELLEES,

v.

THE POLLUTION CONTROL BOARD ET AL., APPELLANTS.



Appeal from the Appellate Court for the Second District; heard in that court on petition for review of orders of the Pollution Control Board.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

A complaint filed by the Illinois Environmental Protection Agency with the Illinois Pollution Control Board on April 7, 1972, charged that the respondents, Processing and Books, Inc., an Illinois corporation, and National Mellody Farm Fresh Egg Company, its wholly owned subsidiary, had caused air pollution consisting of odors from chicken manure and incinerators used to dispose of dead chickens, in violation of section 9(a) of the Environmental Protection Act (Ill. Rev. Stat. 1971, ch. 111 1/2, par. 1009(a)). The Board fined the respondents $3,000 and entered a cease and desist order.

The respondents appealed, raising issues concerning the adequacy of the record to support the Board's findings, the specificity of those findings, the burden of introducing evidence, and the propriety of the relief ordered. The appellate court reversed on the ground that the Board's order does not specifically indicate that it took into consideration four factors set out in the Act as bearing on the reasonableness of the pollution. The court declined to remand, apparently not because the record is devoid of evidence to support the order, but because the evidence that supports the order was not introduced by the Agency. (28 Ill. App.3d 115 (2d Dist. 1975).) We granted leave to appeal.

The offense charged is set out in section 9(a) of the Environmental Protection Act:

"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." Ill. Rev. Stat. 1971, ch. 111 1/2, par. 1009(a).

"Air pollution" is defined in section 3(b) as

"the presence in the atmosphere of one or more contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant, or animal life, to health, or to property, or to unreasonably interfere with the enjoyment of life or property." Ill. Rev. Stat. 1971, ch. 111 1/2, par. 1003(b).

Section 33 provides:

"(a) After due consideration of the written and oral statements, the testimony and arguments that shall be submitted at the hearing, or upon default in appearance of the respondent on return day specified in the notice, the Board shall issue and enter such final order, or make such final determination, as it shall deem appropriate under the circumstances. In all such matters the Board shall file and publish a written opinion stating the facts and reasons leading to its decision. The Board shall immediately notify the respondent of such order in writing by registered mail.

* * *

(c) In making its orders and determinations, the Board shall take into consideration all the facts and circumstances bearing upon the reasonableness of the emissions, discharges or deposits involved including, but not limited to:

(i) the character and degree of injury to, or interference with the protection of the health, general welfare and ...


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