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TRI-COUNTY LANDFILL v. POLLUTION CONTROL BD.

Nos. 73-161, 73-167 cons.

41 Ill. App.3d 249 (1976)

353 N.E.2d 316

TRI-COUNTY LANDFILL COMPANY, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents. — EVERETT VAN DER MOLEN et al., d/b/a Elgin Landfill Company, Petitioners, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — Second District (1st Division).

Opinion filed August 5, 1976.

Attorney(s) appearing for the Case

Robert F. Casey, of Geneva, and Murphy & Pearson, of Chicago, for petitioners.

William J. Scott, Attorney General, of Chicago, and Jordan & Miles, of Elgin (James I. Rubin, Richard W. Cosby, and Russell R. Eggert, Assistant Attorneys General, of counsel), for respondents.

Affirmed in part and reversed in part.

Mr. JUSTICE HALLETT delivered the opinion of the court:

After extended hearings, briefs and argument, the Illinois Pollution Control Board found two landfill companies (Elgin and Tri-County) who operate landfills northeast of the village of South Elgin, guilty of violating section 12 of the Environmental Protection Act (Ill. Rev. Stat. 1971, ch. 111 1/2, par. 1012) and ordered them (1) to cease and desist from causing...

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