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CHEMETCO, INC. v. POLLUTION CONTROL BOARD

No. 5-85-0143.

140 Ill. App.3d 283 (1986)

488 N.E.2d 639

CHEMETCO, INC., Applicant and Respondent-Appellee, v. THE POLLUTION CONTROL BOARD et al., Respondents (The Environmental Protection Agency, Complainant-Appellant).

Appellate Court of Illinois — Fifth District.

Opinion filed January 14, 1986.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Jill Wine-Banks, Solicitor General, of Chicago, and James L. Morgan, Assistant Attorney General, of Springfield, of counsel), for appellant.

R. Emmett Fitzgerald, of Schlafley, Godfrey & Fitzgerald, of Alton, and Johninne Brown Hazard and Edward P. Kenney, both of Bell, Boyd & Lloyd, of Chicago, for appellee.

Order vacated and cause remanded.

JUSTICE WELCH delivered the opinion of the court:

This action involves an interlocutory appeal by the Illinois Environmental Protection Agency (hereinafter the Agency) and Chemetco, Inc., from an order of the Pollution Control Board (hereinafter the Board) entered February 20, 1985, rejecting a settlement agreement submitted by the Agency and Chemetco in an enforcement action under the Illinois Environmental Protection Act...

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