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BI-STATE DISPOSAL, INC. v. ILLINOIS E.P.A.

No. 5-89-0442.

561 N.E.2d 423 (1990)

203 Ill. App.3d 1023

149 Ill.Dec. 145

BI-STATE DISPOSAL, INC., Petitioner-Appellant, v. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY and Illinois Pollution Control Board, Respondents-Appellees.

Appellate Court of Illinois, Fifth District.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

Immel, Zelle, Ogren, McClain, Germeraad & Costello, Springfield (Thomas J. Immel, of counsel), for petitioner-appellant.

Neil F. Hartigan, Atty. Gen. (Christine Zeman, Asst. Atty. Gen., John J. Kim, Law Graduate, Office of the Attorney General, Environmental Control Div., Springfield, of counsel), for respondents-appellees.

Justice GOLDENHERSH delivered the opinion of the court:

Petitioner, Bi-State Disposal, Inc., appeals from an order of respondent, the Illinois Environmental Protection Agency (Agency), affirmed by the Illinois Pollution Control Board (Board), holding that a proposed modification of the landfill in question constitutes a new regional pollution control facility, and that petitioner must seek local site location suitability approval pursuant to section 39.2 of the Illinois...

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