493 Illinois Pollution Control Board News April, 1995
APPELLATE UPDATEFIFTH DISTRICT REMANDS LANDFILL SITING APPEAL FORDETERMINATION OF NOTICE ISSUESIn a recent Rule 23 order, C.O.A.L.
v.
PCB (5th Dist.
Third party
challengers appealed that determination to the Board, arguing forthe first time, inter alia, that the county Board lacked jurisdictionbecause not all owners within 250 feet had been properly servedwith notice pursuant to Section 39.2(b) of the Act.
The Fifth District noted that the issue of whether the notices were
timely sent was raised on appeal but did not decide the issue. The owner of the USTs app...
Allowed
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