Abstract

ESG Watts Inc. filed an application with the Illinois state Environmental Protection Agency (EPA) to construct a facility to store and treat water‐based or aqueous hazardous wastes. The treated water was to be discharged into a city's storm sewer system and from there into the Mississippi River. Subsequently, Watts advised that it changed its planned method of disposal by routing through a private pipeline into the river. This method required an easement from the city. In December 1988, the city indicated it would deny the easement. By February 1990, the state EPA still had not received information on the final disposition of the wastewater generated by the treatment facility. The city formally denied the easement request in March 1990. In June 1990, the state EPA denied Watts' request for the permit. Watts appealed to the Pollution Control Board, which affirmed the denial.

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