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ESG WATTS, INC. v. ILL. POLLUTION CONTROL

No. 4-00-0861.

760 N.E.2d 1004 (2001)

326 Ill. App.3d 432

260 Ill.Dec. 231

ESG WATTS, INC., Petitioner, v. The ILLINOIS POLLUTION CONTROL BOARD and The Illinois Environmental Protection Agency, Respondents.

Appellate Court of Illinois, Fourth District.

December 5, 2001.

Attorney(s) appearing for the Case

Larry A. Woodward (argued), Rock Island, Charles J. Northrup, Sorling, Northrup, Hanna, Cullen & Cochran, Ltd., Springfield, for ESG Watts, Inc.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Michael P. Doyle, Assistant Attorney General (argued), Chicago, for Pollution Control Board.

Justice MYERSCOUGH delivered the opinion of the court:

In January 1999, the Illinois Environmental Protection Agency (IEPA) issued a notice to ESG Watts, Inc. (Watts), pursuant to section 31 (415 ILCS 5/31 (West 1998)) of the Illinois Environmental Protection Act (Act) alleging that Watts was operating a landfill in Sangamon County without adequate postclosure financial assurance in violation of section 21.1 of the Act (415 ILCS 5/21.1 (West 1998)). Watts and IEPA...

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