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ENVIRITE CORP. v. ILLINOIS E.P.A.

No. 75060.

632 N.E.2d 1035 (1994)

158 Ill.2d 210

198 Ill.Dec. 424

ENVIRITE CORPORATION, Appellee, v. The ILLINOIS ENVIRONMENTAL PROTECTION AGENCY et al., Appellants.

Supreme Court of Illinois.

February 17, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield (Rosalyn B. Kaplan, Sol. Gen., and Alison E.

O'Hara, Asst. Atty. Gen., Chicago, of counsel), for appellant Illinois Environmental Protection Agency.

Robin R. Lunn and Michael O'Neil, Chicago, and Brian J. Meginnes and Robert M. Riffle, Peoria, all of Keck, Mahin & Cate, for appellant Peoria Disposal Co.

Mohan, Alewelt, Prillaman & Adami, Springfield (Stephen F. Hedinger, of counsel), for appellee.

Justice FREEMAN delivered the opinion of the court:

The question presented for review is whether the producer of hazardous waste in this case, who sent the waste to a treatment and disposal facility, was required to obtain authorization from the Illinois Environmental Protection Agency for disposal of the waste in Illinois, separate and apart from the treater's authorization. We hold that the Illinois Environmental Protection Act did not require the producer to obtain...

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