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ILLINOIS E.P.A. v. POLLUTION CONTROL BD.

No. 3-93-0144.

624 N.E.2d 402 (1993)

252 Ill. App.3d 828

191 Ill.Dec. 553

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Petitioner-Appellant, v. ILLINOIS POLLUTION CONTROL BOARD, Respondents (ESG Watts, Respondent-Appellee).

Appellate Court of Illinois, Third District.

November 30, 1993.

Attorney(s) appearing for the Case

Jerald S. Post, Asst. Atty. Gen. (argued), Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago, for E.P.A.

Kevin T. McClain, Boyle, Klingler & McClain (argued), Springfield, for ESG Watts, Inc.

Kathleen M. Crowley, Chicago, for Pollution Control Bd.

Presiding Justice McCUSKEY delivered the opinion of the court:

The petitioner, the Illinois Environmental Protection Agency (the Agency), appeals from an order of the respondent, the Illinois Pollution Control Board (the Board). The Board's order reversed the Agency's decision to deny seven special waste stream permit applications from the respondent, ESG Watts, Inc. (Watts). After a hearing, the Board determined the Agency denied the permits as a substitute for an...

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