ILLINOIS POLLUTION CONTROL BOARD
    January
    26,
    1984
    INLAND STEEL CONTAINER
    COMPANY, a Division of
    )
    Inland Steel Company,
    )
    Petitioner,
    v.
    )
    PCB 83—133
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J, D, Dumelie):
    This matter comes before the Board upon January 17, 1984
    motion for substitution of the petitioner filed on behalf of the
    Inland Steel Container Company (Inland)~. That motion was
    purportedly granted by the hearing officer on January 19, 1984.
    However, while not specifically stated in the Board’s Procedural
    Rules, the Board concludes that its hearing officers are without
    the power to rule upon such motions in that the substitution of a
    party is tantamount to the joinder of one party (which is within
    the hearing officer’s power) and the dismissal of another (which
    is not within the hearing officer’s power). The Board,
    therefore, must rule upon the motion,
    Assuming the facts stated in the motion to be true, the
    motion is, hereby, granted. However, there is no affidavit
    attesting to the truth of the facts alleged in that motion as
    required by 35 Iii, Adm, Code 1O3~,14O(b), The motion to sub-
    stitute is, therefore, allowed contingent upon the filing of an
    amended petition (which may incorporate any and all filings in
    this matter to date), properly captioned with the new petitioner’s
    name and the existing docket number (PCB 83—133). If any presently
    filed documents are incorporated by reference, such incorporation
    shall be accompanied by an affidavit that the truth of those
    matters remain unchanged or shall indicate which facts have
    changed. Assuming that these actions are taken, no further Board
    order concerning this motion will he necessary, and the case may
    proceed.
    IT IS SO ORDERED.
    56-85
    2
    I, Christan L, Moffett, Clerk of the Illinois Pollution
    Control Board hereby certify that the above Order was adopted on
    vote of
    ~
    day
    of
    ____________,
    1984 by a
    Christan L. Moffett, erk
    Illinois Pollution Co trol Board
    56-86

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