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PEOPLE v. CHICAGO & ILLINOIS MIDLAND RY. CO.

No. 5-93-0131.

629 N.E.2d 1213 (1994)

258 Ill. App.3d 409

196 Ill.Dec. 369

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. CHICAGO & ILLINOIS MIDLAND RAILWAY COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied March 28, 1994.

Attorney(s) appearing for the Case

Graham & Graham, Springfield, John C. Danielson, Punta Gorda, FL, for defendant-appellant.

Gregory B. Grigsby, State's Atty., Christian County Courthouse, Taylorville, David H. Martin, Assistant State's Atty., Taylorville, for plaintiff-appellee.

Justice CHAPMAN delivered the opinion of the court:

In a two-count civil complaint, the Christian County State's Attorney charged the Chicago & Illinois Midland Railway Company (Midland) with two counts of violating the Environmental Protection Act, sections 21(d) and 21(e) (415 ILCS 5/21(d), (e) (West 1992)). The complaint alleged that Midland is in control of approximately 36 railcars, containing municipal solid waste (MSW), for which it does not have a permit...

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