GILBERTS CITGO L.L.C, an Illinois corporation v. ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, WHEELING TRUST & SAVINGS BANK a/k/a COLE TAYLOR BANK, successor trustee, as trustee under Trust No. 73-314 and JOHN CAPORASO, as beneficiary of Trust No. 73-314
The Board granted petitioner 60 days to demonstrate that the requested water well setback exception (WWSE) will not cause a significant pollution hazard, and that it will suffer an arbitrary or unreasonable hardship if the WWSE is denied.
January 18, 2001GILBERTS CITGO L.L.C, an Illinoiscorporation,Petitioner,v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, WHEELINGTRUST & SAVINGS BANK a/k/a COLETAYLOR BANK, successor trustee, as trusteeunder Trust No.
73314,
Respondents.
)
))))))))))))))) PCB 01-50(Water Well Setback Exception)DISSENTING OPINION (by G.T.
Girard and M.
McFawn):
We respectfully dissent from the majority order in this case. However, we disagree on the outcome.The record in this case demonstrates that Citgo has not presented “adequate proof ... that thelocation of the potential source ... will not constitute a significant hazard to the ...
Allowed
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