August 30, 1990ILLINOIS ENVIRONMENTALPROTECTION AGENCY,Complainant,V.
) AC 89—227
(IEPA No.
3d 643, 549 N.E.2d 1379 (1990), is controlling and requires
us to conclude that the Illinois Environmental Protection Agency(“Agency”) is estopped from prosecuting this action.
The Act
does not even mention “pre—enforcement.” The Agency has nopending enforcement proceeding against Mr.
I disagree.
No
subsequent cleanup can obviate that fact that on day X the sitewas in violation. I must conclude that the majority simply dislikes theadministrative citation process.
Allowed
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