ILLINOIS POLLUTION CONTROL BOARD

July

6, 1978

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,.

v.

)

PCB 78—137

CITY OF SALEM,

an Illinois

)

Municipal Corporation,

)

Respondent.

ORDER

OF THE BOARD

(by Mr.

Young):

On June

16,

1978,

Respondent filed a Motion for

Joinder of Parties stating that two corporations were

necessary parties to this action in order to place the

responsibility for any mis-design or mis-construction

to Respondent’s plant.

The question

is not an issue

in this case and the Motion is denied.

Respondent has filed a Motion for a Continuance

in the proceedings;

the Hearing Officer shall set hearing

for a date on or after September 15,

1978.

On July

3,

1978,

the Complainant filed a Motion to

Consolidate this proceeding with a variance action filed

by the City of Salem and docketed as PCB 78-167.

In

view of the continuance granted above and since there

has been no waiver of the 90-day limitation of Section 38

by the Petitioner,

the Motion is denied.

In most instances,

because Complainant has the burden of proof in an enforce-

ment action and the Petitioner has the burden in a variance

action,

a consolidation of an enforcement case and

a

variance petition offers minimal advantage.

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby cer ify the above Order was adopted

on the

~

day of

________________,

1978 by a vote of

ILO.

Q~stan~Mo~~ierr

Illinois Pollution Control Board