Petitioner company filed petition seeking adjustment from standards imposed by Pollution Control Board as to emissions from its manufacturing plant and water treatment facility. Board granted adjusted standard with various conditions, and Petitioner appealed the conditions. Board exceeded its authority and acted arbitrarily and capriciously in placing various conditions on Petitioner's adjusted standard. Board erred in considering draft report, "Nutrient Strategy", a document to which Petitioner had no opportunity to respond or address, and which was issued after evidence was before Board. record. Board may place condities ons in an adjusted standard, but it may not impose pre-conditions on a petitioner's right to renew or modify the adjusted standard. The offset condition Board imposed improperly changes requirements of Illinois Environmental Protection Act. (HOLDRIDGE and SCHMIDT, concurring.)
Illinois Appellate Court
Civil Court
Environmental Law