Citizens Utilities Co. v. Pollution Control Board

Petitioner, Citizens Utilities Company of Illinois (Citizens), appeals from a ruling by the Illinois Pollution Control Board (Board) denying an extension of the previously granted variance from complying with “general use” standards governing waste-water treatment plants. The Illinois Environmental Protection Agency (IEPA) joined the Board in this appeal as a party-respondent. Because the underlying facts are not disputed, we will present only a short procedural history.

In 1981, the Board granted Citizen’s a variance in PCB 78 — 313. The variance was granted in order that Citizens could seek…