ILLINOIS POLLUTION CONTROL BOARD

September 12, 1972

ENVIRONMENTAL PROTECTION AGENCY

)

#72—188

ASHLAND CHEMICAL CO., A DIVISION

)

OF ASHLAND OIL, INC.; and BAIRD

CHEMICAL, A DIVISION OF LONZA,

INC.

OPINION AND ORDER OF THE BOARD ON MOTION FOR SEVERANCE (BY SAMUEL T.

LAWTON, JR.)

Motions for severance were filed by Ashland Chenii~alCo., Inc.

and Lonza, Inc., in the above—captioned matter, each Respondent

reguesting severance of the proceeding heretofore filed against

both Respondents, which motions asserted that Respondents are separ~

ate and non—affiliated entities, neither bas control over the acti-

vities of the

other

and that the

two plants, while adjacent, are

physically separate, separately owned and unconnected.

The

complaint filed in the proceeding a11eg~that on certain

specified dates, Respondents have, by their operations, ueither

alone or in combination with other

sources, caused or threatened

or allowed the discharge

or emission of contaminants into the

atmosphere so

as

to cause or tend to cause air pollution in Illinois

in violation of Section

9(a) of the Environmental Protection Act,tr

which is an allegation of liability in the precise language of the

Act, Violations can be found if, in fact, emissions alone or in

combination with other sources, cause air pollution as defined in

the Act.

We believe the most expeditious handling of this case from

all points of view ~ould be by trial of the cause in a single pro-

ceeding. Discovery and other pre—trial procedures are available

to each Respondent to ascertain the position of the Agency in regard

to the assertions against each Respondent, respectively. Admitted

physical contiguity of the subject properties ag’ain sustain the

propriety of the case being heardin a single proceeding. Nothing

in the petition suggests, in any way, that due process would be denied

to either Respondent by proceeding in the manner proposed.

Motions for severance filed by Ashland Chemical Co. and

5

—

423

---

Lonza, Inc. are hereby denied.

IT IS SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board

certify that the above Opinion and Order of the Board on Motion for

Severance was adopted on the ~ ~‘day of Septeir~er, 1972, by a vote

of

~/

to

‘-‘

/

/

___(~i~

___

—2—

S

—