People v. Wolohans Lumber Co.

This case raises the question of what is the appropriate statute of limitations to apply to charges of violating sections 21 and 9 of the Environmental Protection Act (415 ILCS 5/21, 9 (West 1992)) (Act). These violations are classified as Class A misdemeanors by section 44 (415 ILCS 5/44 (West 1992)) of the Act and an extended limitations period applies to "offenses set forth” in section 44. The trial court determined that the extended limitations period did not apply and dismissed the charges based upon the passage of the statute of limitations. We affirm.

The following circumstances gave…