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TOWNSHIP OF HARLEM v. E.P.A.

No. 2-93-0142.

637 N.E.2d 1252 (1994)

265 Ill.App.3d 41

202 Ill.Dec. 516

The TOWNSHIP OF HARLEM, Petitioner-Appellant, v. The ENVIRONMENTAL PROTECTION AGENCY et al., Respondents-Appellees.

Appellate Court of Illinois, Second District.

July 22, 1994.

Attorney(s) appearing for the Case

McKenna, Storer, Rowe, White & Farrug, James P. DeNardo, Gregory L. Cochran, Michael J. Maher, and Christine L. Olson, Hinshaw & Culbertson, Chicago, for Harlem Tp.

Dorothy M. Gunn, Clerk, Illinois Pollution Control Bd., Roland W. Burris, Atty. Gen., State of Ill., Susan Frederick Rhodes, Asst. Atty. Gen., and Rosalyn B. Kaplan, Sol. Gen. of Illinois, Chicago, for Illinois Pollution Control Bd.

Justice PECCARELLI delivered the opinion of the court:

Harlem Township (Harlem or the township) petitions for review of the order of the Pollution Control Board (the Board) which denied reimbursement from the underground storage tank fund for the cost of cleaning up a petroleum spill. Harlem contends that the Board erred in determining that the nozzle from which the gasoline spilled was not part of an underground storage tank system.

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