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ALTERNATE FUELS v. DIRECTOR OF ILL. E.P.A.

No. 96071.

830 N.E.2d 444 (2005)

215 Ill.2d 219

294 Ill.Dec. 32

ALTERNATE FUELS, INC., Appellee, v. DIRECTOR OF the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY et al., Appellants.

Supreme Court of Illinois.

As Modified Upon Denial of Rehearing June 16, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, and Jerald S. Post, Assistant Attorney General, Chicago, of counsel), for appellants.

Christine G. Zeman and David M. Walter, of Hodge, Dwyer & Zeman, Springfield, for appellee.

Justice FITZGERALD delivered the opinion of the court:

The primary question in this appeal is whether a business which has been issued a violation notice under section 31(a) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/1 et seq. (West 2002)) for failure to secure a permit as allegedly required by the Act, and then ceases operations, may bring a declaratory action to test the validity of the alleged violation. Alternate Fuels, Inc. (AFI), filed...

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