ILLINOIS POLLUTION CONTROL BOARD
April 19, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
N.E. FINCH, a Delaware corporation, and
NEW CASTLE PROPERTIES, L.L.C., an
Illinois limited liability corporation,
Respondents.
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PCB 01-17
(Enforcement – Air)
ORDER OF THE BOARD (by E.Z. Kezelis):
This matter is before the Board on complainant’s February 2, 2001 motion for leave to
file an amended complaint (motion).
1 No objection or other response has been filed.
On August 1, 2000, complainant filed a complaint in which it alleged that respondent,
N.E. Finch (Finch) had violated certain provisions of the Environmental Protection Act (Act)
(415 ILCS 5/1
et seq
. (1998)) and the Board’s air pollution regulations. The complainant
alleged that Finch committed these violations while demolishing two properties in Tazewell
County, Illinois. In the motion now pending before the Board, complainant seeks to join an
additional party to the proceedings. Specifically, complainant seeks to join New Castle
Properties, L.L.C. (New Castle), because New Castle is allegedly the owner of one of the
demolished properties.
The Board grants complainant’s motion and directs complainant to proceed with service
of the amended complaint on Finch and New Castle. The Board notes that the granting of
complainant’s motion in no way limits New Castle’s ability to contest any of the allegations
contained therein. The caption of this order has been changed to reflect the newly added party.
IT IS SO ORDERED.
1 Complainant originally filed a motion for leave to file an amended complaint on January 23,
2001. On February 2, 2001, complainant filed another such motion. Because that second
motion relies on the Board’s new procedural rules and contains attachments not included in the
earlier filing, the Board addresses only the most recently filed motion.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 19th day of April 2001 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board