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HARRIS-HUB CO. v. POLLUTION CONTROL BD.

No. 76-42.

50 Ill. App.3d 608 (1977)

365 N.E.2d 1071

HARRIS-HUB COMPANY, INC., Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — First District (4th Division).

Opinion filed July 7, 1977.

Attorney(s) appearing for the Case

Altheimer & Gray, of Chicago (Roger B. Harris, of counsel), for petitioner.

William J. Scott, Attorney General, of Chicago (Jeffrey S. Herden, Assistant Attorney General, of counsel), for respondents.

Reversed and remanded.

Mr. JUSTICE LINN delivered the opinion of the court:

In an administrative proceeding brought by the Illinois Environmental Protection Agency (EPA) before the Illinois Pollution Control Board (PCB), Harris-Hub Company, Inc. (Harris), was assessed a civil penalty of $500 for its failure to obtain an operating permit. Ill. Rev. Stat. 1973, ch. 111 1/2, par. 1009(b).

Harris appeals, contending the PCB erred in assessing a civil penalty...

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