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MEDICAL DISPOSAL SERVICES, INC. v. E.P.A.

Nos. 1-95-2892, 1-95-2908.

677 N.E.2d 428 (1996)

286 Ill. App.3d 562

222 Ill.Dec. 225

MEDICAL DISPOSAL SERVICES, INC., and Industrial Fuels and Resources/Illinois, Inc., Petitioners-Appellants, v. ENVIRONMENTAL PROTECTION AGENCY and The Pollution Control Board, Respondents-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied March 5, 1997.

As Modified on Denial of Rehearing March 6, 1997.

Attorney(s) appearing for the Case

Chuhak & Tecson, P.C., Chicago, IL, for Petitioner-Appellant Medical Disposal Services, Inc.; Donald J. Russ, Jr., Alan R. Dolinko, Thomas F. Bennington, Jr., of counsel.

Gessler, Hughes & Socol, Ltd., Chicago, IL, for Industrial Fuels & Resources/Illinois, Inc.; Mark A. LaRose, Michael J. Klein, of counsel.

Sorling, Northrup, Hanna, Cullen and Cochran, Ltd., Springfield, IL, for National Solid Wastes Management Association, Illinois Chapter; James M. Morphew, Charles J. Northrup, of counsel.

James E. Ryan, Attorney General — State of Illinois, Barbara A. Preiner, Solicitor General, Chicago, IL, for Respondents — Illinois Pollution Control Board and Illinois Environmental Protection Agency, Susan Frederick Rhodes, Assistant Attorney General, of counsel.

MODIFIED ON DENIAL OF REHEARING

Justice CERDA delivered the opinion of the court:

Petitioners, Medical Disposal Services, Inc., an Illinois corporation (MDS), and Industrial Fuels and Resources/Illinois, Inc., an Illinois corporation (Industrial Fuels), appeal from the denial of permits by respondents, the Pollution Control Board (the Board) and the Environmental Protection Agency (the Agency), for MDS to construct a medical-waste-treatment facility...

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