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E.P.A. v. POLLUTION CONTROL BD.

No. 2-98-1101.

721 N.E.2d 723 (1999)

308 Ill. App.3d 741

242 Ill.Dec. 444

The ENVIRONMENTAL PROTECTION AGENCY, Petitioner-Appellant, v. The POLLUTION CONTROL BOARD and The Louis Berkman Company, d/b/a the Swenson Spreader Company, Respondents-Appellees.

Appellate Court of Illinois, Second District.

November 19, 1999.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Deborah L. Ahlstrand, Chief of Civil Appeals Division, Joel D. Bertocchi, Solicitor General, Michael P. Doyle, Assistant Attorney General, Chicago, for Illinois Environmental Protection Agency.

Cynthia I. Ervin, Special Assistant Attorney General, Springfield, Richard R. McGill, Jr., Special Assistant Attorney General, Marie E. Tipsord, Special Assistant Attorney General, Chicago, for Illinois Pollution Control Board.

James E. Meason, Rockton, for Louis Berkman & Co.

Presiding Justice BOWMAN delivered the opinion of the court:

The Louis Berkman Company, d/b/a the Swenson Spreader Company (Swenson), petitioned the Illinois Pollution Control Board (Board) for an adjusted standard pertaining to its emission of volatile organic material (VOM) pursuant to section 28.1 of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (West 1996)). The Illinois Environmental Protection Agency (Agency) opposed the petition. The Board granted...

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