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CELOTEX CORP. v. POLLUTION CONTROL BD.

No. 14946.

65 Ill. App.3d 776 (1978)

382 N.E.2d 864

THE CELOTEX CORPORATION, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — Fourth District.

Opinion filed November 14, 1978.

Attorney(s) appearing for the Case

John L. Parker, of John L. Parker & Associates, Ltd., of Chicago, for petitioner.

William J. Scott, Attorney General, of Springfield (Reed W. Neuman, Assistant Attorney General, of counsel), for respondents.

Reversed and remanded.

Mr. PRESIDING JUSTICE GREEN delivered the opinion of the court:

This case turns upon the question of whether the Illinois Pollution Control Board (Board) has power under section 37 of the Environmental Protection Act (Ill. Rev. Stat. 1977, ch. 111 1/2, par. 1037) to grant a variance to an entity that has been denied an operating permit by the Environmental Protection Agency (EPA) but has not appealed that denial nor admitted its noncompliance...

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