Industrial Fuels & Resources/Illinois, Inc. v. Pollution Control Board

Industrial Fuels & Resources/Illinois, Inc. (Industrial), sought local siting approval from the City of Harvey for a new regional pollution control facility to be located within Harvey’s municipal boundaries. Harvey denied approval based on its belief that Industrial had failed to satisfy certain statutory criteria under section 39.2 of the Illinois Environmental Protection Act (Act) (Ill. Rev. Stat. 1989, ch. IllV2, par. 1039.2). Industrial appealed the decision to the Illinois Pollution Control Board (Board). The Board affirmed Harvey’s denial with respect to four of the disputed criteria…