Village of Lombard v. Pollution Control Board

No. 48501 (363 N.E.2d 814, 66 Ill. 2d 503) (Ill. May 20, 1977)

ELR Digest

Affirming a lower court, 37 Ill. App.3d 440, the Illinois Supreme Court holds that the Environmental Protection Act, Ill. Rev. Stat. 1975, ch. 111 1/2, para. 1001, 1005, does not empower the Pollution Control Board (PCB) to coordinate sewage treatment through regional water-treatment plans. The PCB divided Du Page County into nine water treatment regions, each of which was required to establish a centralized water treatment program. The Village of Lombard petitioned for review of this program.

The Environmental Protection Act is neither sufficiently broad nor sufficiently specific to authorize the PCB to mandate regional water treatment in a county. The PCB has the power to set standards, id., para. 1013(a), but there is no legislative intent in the Act to authorize the PCB to intervene in the economic and political operation of a county. Legislative intent, as well as the purpose, of a statute is determinative in statutory construction. People v. Dednam, 55 Ill.2d 565, 304 N.E.2d 627 (1973).

The legislature may delegate to an administrative agency matters that it cannot understandingly effect itself, but the statute must contain standards to guide the agency. Hoogasian v. Regional Transp. Auth., 58 Ill.2d 117, 317 N.E.2d 534 (1974). The Act contains no such standards and does not address itself to the problems the PCB must meet in mandating regional water treatment. Ill. Rev. Stat. 1975, ch. 111 1/2, para. 1027.

The full text of this opinion is available from ELR (4 pp. $0.50, ELR Order No. C-1127).

Counsel for Appellant
Russell R. Eggert, Ass't Attorney General (with William J. Scott, Attorney General)
500 S. 2d St., Springfield IL 62706
(217) 782-1090

Counsel for Appellee
James K. Young
605 S. Main St., Lombard IL 60174
(312) 629-3450

Dooley, J.

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]