ILLINOIS POLLUTION CONTROL BOARD

December 5, 1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

PCB 72—207

COUNTY OF DU PAGE,

a Body

Politic and Corporate

INTERIM OPINION AND ORDER ON MOTION TO ADD PARTIES

(by

Mr. Parker):

In this enforcement proceeding, the County of DuPage is

charged with water pollution violations during the period of

September 22, 1970 through January

3,

1972 at its Nordic Park

sewage treatment plant.

By our Order dated August 22, 1972 we deferred action on

a motion to strike filed by Respondent, and held in

abeyance a

motion

to add the Villages of Addison and Itasca as parties,

pending receipt of further information from Respondent.

On October 26,

1972, Respondent filed an amendment to the

pending motion to add parties.

The amendment proposes to add

the Villages of Bensenville and Elk Grove and the City of Wood

Dale as well as Addison and Itasca.

In support of its motion

to add parties, Respondent states that all municipalities are

within the same proposed wastewater treatment region

(see

DuPage County Wastewater Treatment Regionalization, #70-17).

All will be subject to a comprehensive plan affecting the

capacity and future existence of each facility.

Respondent

concludes that this situation necessitates inclusion of all

parties in this proceeding.

Based upon our review of all papers submitted in support

of the motion to

add parties, we conclude that Respondent’s

motion to add parties must be denied because there is no showing

that these municipalities have any ownership interest in Res-

pondent’s sewage treatment facility.

There is no showing that

the parties proposed to be added are responsible in any way

for the violations alleged in the Complaint.

The regionalization

hearings in Respondent’s region (Region

I) were the proper place

to present the issues raised by the instant motion.

In regard to Respondent’s motion to strike, we reaffirm

our previous order deferring decision until the Board’s final

determination of all issues presented

in this proceeding.

6—391

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No outstanding issues remain to be decided before the

hearing.

The allegations of continued violation are of such

a serious nature as to warrant prompt determination of the

facts.

A hearing should take place within the shortest

practicable time.

ORDER

I.

Respondent’s motion to add parties is hereby denied

as to each and every party in accordance with the opinion

expressed above.

2.

Respondent’s motion to strike is held in abeyance,

as ordered previously.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, certify that the ab ye Interim Opinion and Order

was adopted on the

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day of

__________________,

1972, by

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