- BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
- ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
- The Illinois EPA initially considered granting the application.
- Due to a high wind event that
blew petroleum coke and coal dust into the neighborhood adjacent to the South Site and KCBX's
counsel's subsequent notification to the Illinois EPA that the South Site was struggling to control
emissions from its operations, the Illinois EPA more closely considered KCBX's permit
application.
- In doing so, KCBX misapprehends the case law establishing that the
permit applicant has the burden of proof in a permit appeal, and actual violations must be
purs...