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JURCAK v. ENVIRONMENTAL PROTECTION AGENCY

Nos. 86-1965, 86-2140 cons.

161 Ill. App.3d 48 (1987)

513 N.E.2d 1007

FRED E. JURCAK, Petitioner-Appellant, v. THE ENVIRONMENTAL PROTECTION AGENCY, Respondent-Appellee.

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

Rehearing denied October 16, 1987.

Attorney(s) appearing for the Case

Martin, Craig, Chester & Sonnenschein, of Chicago (Joseph S. Wright, Jr., and Roy M. Harsch, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Henry Henderson and Diane Rosenfeld Lopata, Assistant Attorneys General, of Chicago, of counsel), for appellee.

Reversed and remanded.

JUSTICE O'CONNOR delivered the opinion of the court:

Petitioner Fred B. Jurcak appeals from an opinion and order of the Illinois Pollution Control Board (the Board) finding that it lacked jurisdiction to review the terms and conditions of the Illinois Water Quality Management Plan. The issues raised on appeal are: (1) whether the Illinois Pollution Control Board has jurisdiction to review a condition imposed on a National Pollutant Discharge...

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