E.P.A. v. POLLUTION CONTROL BD.

No. 5-90-0785.

579 N.E.2d 1215 (1991)

219 Ill. App.3d 975

162 Ill.Dec. 401

The ENVIRONMENTAL PROTECTION AGENCY, Petitioner-Appellant, v. The POLLUTION CONTROL BOARD and John Vander, Respondents-Appellees.

Appellate Court of Illinois, Fifth District.

October 2, 1991.


Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Christine Zeman, John J. Kim, Asst. Attys. Gen., Office of the Illinois Atty. Gen., Environmental Control Div., of counsel, Springfield, for petitioner-appellant.

Mark P. Miller, Sp. Asst. Atty. Gen., Illinois Pollution Control Bd., Urbana, for Illinois Pollution Control Bd.


Justice HARRISON delivered the opinion of the court:

The Illinois Environmental Protection Agency (the Agency) has petitioned this court under section 41 of the Environmental Protection Act (the Act) (Ill.Rev.Stat. 1989, ch. 111½, par. 1041) to obtain judicial review of an order of the Illinois Pollution Control Board (the Board) which held that John Vander had not violated the Act's prohibitions against "caus[ing...

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