Petitioner appealed from the opinion and order of the Pollution Control Board that vacated the decisions of the respondents, City of West Chicago and West Chicago City Council, to approve the petitioner’s application for siting approval for a waste transfer station. On appeal, petitioner argued that the Board erred by finding that petitioner failed to comply with the pre-filing notice requirements of section 39.2(b) of the Environmental Protection Act. The appellate court affirmed, finding that the Board properly vacated the city’s decision regarding the application because the City lacked jurisdiction over the matter where the petitioner failed to comply with either of the two manners in which the required notice could be served under the Act. (BRENNAN and ANDERSON, concurring)
Illinois Appellate Court
Civil Court
Environmental Protection Act