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COMMUNITY LANDFILL CO. v. POLLUTION CONTROL BD.

No. 3-02-0024.

772 N.E.2d 231 (2002)

331 Ill. App.3d 1056

265 Ill.Dec. 193

COMMUNITY LANDFILL COMPANY and the City of Morris, Petitioners-Appellants, v. The POLLUTION CONTROL BOARD and the Environmental Protection Agency, Respondents-Appellees.

Appellate Court of Illinois, Third District.

As Modified Upon Denial of Rehearing July 17, 2002.

Attorney(s) appearing for the Case

Michael T. Reagan, Herbolsheimer, Lannon, Henson, Duncan & Reagan, PC, Ottawa, Mark A. LaRose(argued), LaRose & Bosco, Ltd., Chicago, for Community Landfill Company.

Charles F. Helsten, Hinshaw & Culbertson, Rockford, Scott M. Belt, Scott M. Belt & Associates, Morris, for City of Morris. James Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Mary Patricia Kerns, Assistant Attorney General (argued), Chicago, for Illinois Environmental Protection Agency, Illinois Pollution Control Board.

MODIFIED UPON DENIAL OF REHEARING

Justice BRESLIN delivered the opinion of the court:

Petitioners Community Landfill Company and City of Morris (collectively, the company) appeal from a decision by respondent Illinois Pollution Control Board (Board) affirming respondent Illinois Environmental Protection Agency's (Agency) denial of the company's application for a waste disposal permit because the surety that provided the previously approved performance

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