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MODINE MFG. CO. v. POLLUTION CONTROL BD.

No. 2-89-0441.

193 Ill. App.3d 643 (1990)

549 N.E.2d 1379

MODINE MANUFACTURING COMPANY, Appellant, v. POLLUTION CONTROL BOARD et al., Appellees.

Appellate Court of Illinois — Second District.

Opinion filed February 1, 1990.

Attorney(s) appearing for the Case

Roy M. Harsch, Daniel F. O'Connell, and Lisa Marie Anderson, all of Gardner, Carton & Douglas, of Chicago, for petitioner.

Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Patricia E. Collins, Michelle D. Jordan, and Matthew J. Dunn, Assistant Attorneys General, of Chicago, of counsel), for respondent Environmental Protection Agency.

Dorothy M. Gunn, of Pollution Control Board, of Chicago, for respondent Pollution Control Board.

Affirmed as modified.

JUSTICE REINHARD delivered the opinion of the court:

Modine Manufacturing Company (Modine) petitions for review of an order of the Pollution Control Board (PCB) in an action instituted by the Environmental Protection Agency (EPA), in which the PCB imposed a $10,000 civil penalty against Modine for operating a facility without a permit in violation of section 9(b) of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1987, ch. 111...

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