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ESG WATTS, INC. v. POLLUTION CONTROL BD.

No. 3-91-0384.

586 N.E.2d 1323 (1992)

224 Ill. App.3d 600

167 Ill.Dec. 51

ESG WATTS, INC., Petitioner-Appellant, v. POLLUTION CONTROL BOARD, Illinois Environmental Protection Agency, and the People of the State of Illinois, Respondents-Appellees.

Appellate Court of Illinois, Third District.

January 31, 1992.

Attorney(s) appearing for the Case

Kevin T. McClain (argued), Immel, Zelle, Ogren, McClain & Costello, Springfield, for ESG Watts, Inc.

Jan E. Hughes (argued), Asst. Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago, for Pollution Control Bd. and the People.

Justice HAASE delivered the opinion of the Court.

The petitioner, ESG Watts, Inc., filed an application to construct an industrial waste storage and treatment facility under part B of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.) (RCRA). The Illinois Environmental Protection Agency (IEPA) denied the permit and Watts appealed the decision to the Illinois Pollution Control Board (Board). The Board affirmed the IEPA's denial...

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