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  5. 60 Ill.2d 204 (1975)
 

SO. ILL. ASPHALT CO. v. POLLUTION CONTROL BD.

Nos. 46334, 46342 cons.

60 Ill.2d 204 (1975)

326 N.E.2d 406

SOUTHERN ILLINOIS ASPHALT COMPANY, INC., Appellee, v. THE POLLUTION CONTROL BOARD et al. — (Environmental Protection Agency et al., Appellants.) — AIRTEX PRODUCTS, INC., Appellee, v. THE POLLUTION CONTROL BOARD et al. — (Environmental Protection Agency et al., Appellants.)

Supreme Court of Illinois.

Opinion filed March 24, 1975.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Larry R. Eaton, Assistant Attorney General, of counsel), for appellants.

Craig & Craig, of Mt. Vernon (Howard W. Campbell and Terry R. Black, of counsel), for appellee Southern Illinois Asphalt Company.

Arvey, Hodes & Mantynband, of Chicago (J. Herzl Segal, Charles J. O'Connor, and Lawrence C. Rubin, of counsel), for appellee Airtex Products, Inc.

Judgments affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

In each of these consolidated cases the Appellate Court for the Fifth District, with one justice dissenting, held that the imposition of a discretionary monetary penalty by the Pollution Control Board under the authority of section 42 of the Environmental Protection Act (Ill. Rev. Stat. 1971, ch. 111 1/2, par. 1042) is invalid. (Southern Illinois Asphalt Co. v. Environmental Protection...

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