ILLINOIS POLLUTION CONTROL
BOARD
June
12, 1980
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
Complainant,
I
v.
)
PCB 79—35
)
CHEVY CHASE SEWER AND WA?ER
)
COMPANY, an Illinois
)
Corporation; and VILLAGE
)
OF BUFFALO GROVE,
)
)
Respondents.
ORDER OF THE BOARD (by I. Goodman):
The Village of Buffalo Grove’s June
3,
1980 motion to
dismiss it as party Respondent is denied.
The Village’s presence as a party is necessary for the
Board’s complete determination of these proceedings.
Contrary to the Village’s allegations, it is a question of
fact whether upgrading the facility in question will alone
resolve all issues in this proceeding.
Although not here conceding the Board’s lack of
authority to order parties to perform their contractual
agreements
or
to
compel
municipalities
to
cooperate
with
one
another,
the
Board
finds
that
it has subject matter
jurisdiction
over
the
settlement
agreement
filed
at
the
December,
1979
hearing.
Material
provisions
of
that
agreenent
are contingent upon certain actions by the Village.
This Order in no
way
directs the Village to comply with
the provisions of that agreement.
It merely orders that
return of service of the Board’s Order of
May
15, 1980 and
other documents shall not be quashed.
The Village is hereby
given leave to respond to the agreement and any other
documents of record in this proceeding, and to request an
additional hearing in this matter, within
45
days
of
the
date
hereof.
IT IS SO ORDERED.
—2—
I,
ChrisLari
i~. Moffctt, Clerk of the Illinois Pollution
Control
T~oard,
herehy
certify
that
the
above
Order
was
adopted
on
the
L~t’da~’
of
1980 by
a
vote
__
_______-
Christan
L.
Moffe
7).erk
Illinois Pollution
6i~trolBoard