July 10, 1975ENVIRONMENTAL PROTECTION AGENCY,Complainant,v.
) PCB 74—291
FERNDALE HEIGHTS UTILITIES CO., ) Respondent.
This holding, in my opinion, not only flies in the face
of precedent, which has been well established in air pollutionand water pollution cases, but also Section 49 (e) of theEnvironmental Prctection Act and the intent of the Boardwhen adopting the Noise Regulations.
The
prima facie defense provision recognizes that, however wellwritten, the specific rule can never cover certain situationswherein justice demands relief be granted notwithstandingthe fact that the violation doe...
Allowed
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