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Getty Synthetic Fuels, Inc. v. Pollution Control Bd.

Citation: 12 ELR 20726
No. No. 81-1071, 432 N.E.2d 942/100 Ill. App. 3d 253, (Ill. App. Ct., 01/29/1982)

The court upholds a decision of the Illinois Pollution Control Board that the permissible rate of air emissions from petitioner's facility for recovering methane gas from a landfill is to be determined by reference to the residual emissions from the facility, not to the much larger amount of gases emanating from the landfill itself. After finding that it has jurisdiction despite the untimeliness of the petition for review, the court rules that the board's decision was not against the manifest weight of the evidence. Under the applicable regulation, petitioner's plant clearly constitutes a "facility" subject to the 85-percent-emission-reduction requirement.

Counsel for Petitioner
Louis M. Rundio Jr.
McDermott, Will & Emery
11 W. Monroe St., Chicago IL 60603
(312) 372-2000

Counsel for Respondents
Tyrone C. Fahner, Attorney General; William J. Barzano Jr.
188 W. Randolph St., Chicago IL 60601
(312) 793-2491

MEJDA and WILSON, JJ., concur.