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NISC v. E.P.A.

No. 2-07-0213.

885 N.E.2d 447 (2008)

NORTHERN ILLINOIS SERVICE COMPANY, Petitioner, v. The ENVIRONMENTAL PROTECTION AGENCY and The Pollution Control Board, Respondents.

Appellate Court of Illinois, Second District.

March 11, 2008.

Attorney(s) appearing for the Case

Peter D. DeBruyne, Lewis B. Kaplan, Peter D. DeBruyne, P.C., Rockford, for Northern Illinois Service Company.

Lisa Madigan, Attorney General, State of Illinois, Gary S. Feinerman, Solicitor General, Rachel Hoover, Assistant Attorney General, Chicago, for Illinois Environmental Protection Agency, Illinois Pollution Control Board.

Justice CALLUM delivered the opinion of the court:

In November 2004, the Illinois Environmental Protection Agency (the Agency) filed an administrative citation against Northern Illinois Service Company (NISC), charging that NISC violated sections 21(p)(1) and 21(p)(7) of the Illinois Environmental Protection Act (the Act) (415 ILCS 5/21(p)(1), (p)(7) (West 2004)). NISC petitioned for administrative review before the Illinois Pollution Control Board (the Board). The...

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