ILLINOIS POLLUTION CONTROL
BOARD
April 17,
1973
ENVIRONMENTAL
PROTECTION
AGENCY
)
#72-485
v.
MILAN CORPORATION
)
ORDER OF THE BOARD
(BY SAMUEL
T.
LAWTON,
JR.):
Respondent has filed a motion to dismiss the amended complaint
alleging the absence of proof at the hearing with respect to certain
allegations therein contained.
The Environmental Protection Agency has filed a motion for leave
to
add
a party co-respondent.
The respondent’s motion to dismiss
the amended complaint goes to the substai~tiveissue of the case.
and since the hearing has already been completed, will be taken
with the case.
Our order with respect to the Agency’s motion for leave to
add an additional party respondent
is deferred pending receipt of a
response from the Respondent and proposed party co—respondent.
IT IS SO
ORDERED.
I, Christan Moffett, Clerk of the Illinois Pollution Control Boar
,
certify that the above Order was adopted on the I14’~dayof
_______
1973,
by a vote of
.3
to
p
~
7
—
601