ILLINOIS POLLUTION CONTROL BOARD

December

3,

1987

FRANTZ MANUFACTURING COMPANY,

Petitioner,

v.

)

PCB 87—157

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY AND THE CITY OF STERLING,

Respondents.

ORDER OF THE BOARD

(by J. Anderson):

On October

15,

1987,

the Board issued an order identifying

certain deficiencies

in Frantz’ October

15,

1987.

The amended

petition filed December

1,

1987 responds

to that Order

in all

respects except one.

The Board had ordered that the City

of

Sterling be joined as a party;

Frantz response was that:

The

City

of

Sterling

was

not

a

party

to

the

Original

Variance

PCB

86—143

and,

because

the

County

is

constructing

the

sewer

for connection

to

the City

system,

the City

is not considered

a

party to

the variance petition.

In cases such as

this,

the Board finds it preferable

to join the

owner/operator

of

the sewage treatment plant as

a party to insure

that it receives all pleadings

and has

a formal opportunity

to

make any comments

for,

or corrections

to, the record.

Accordingly, pursuant

to

35

Ill. Mm.

Code 103.121,

the City

is

joined as

a party respondent.

(The City is free to request

realignment as

a party petitioner,

if

it so chooses.)

The Clerk

is directed

to serve

the City with this Order and all previous

filings

in this case.

As the City

is free,

but is not

required,

to participate

in

this proceeding,

the Agency should not delay the filing of its

Recommendation pending receipt of

filings from the City.

IT

IS SO ORDERED.

R.

Flemal dissented.

84—51

---

I, Dorothy M.

Gunn, Clerk

Board, hereby cert~~~

the

~A-’~-day of

_____________

—2—

of the Illinois Pollution Control

above Order was adopted on

,

1987,

by

a vote of

~—/

Illi

S

Pollut

Control Board

84--52