ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    December 4,
    1980
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    PCB 80—177
    MCLEP~NCOUNTY SERVICE COMPANY,
    )
    an Illinois corporation,
    Respondent,
    ORDER OF THE BOARD
    (by D. Satchell):
    On November 14, 1980 McLean County Service Company
    (McLean)
    filed a petition to join additional parties respondent in this
    enforcement case.
    The complaint alleges violations resulting
    from discharge of fertilizer solution from a tank owned by McLean.
    The motion seeks to add as parties the manufacturer and vendor of
    a valve which failed on the tank,
    The complaint filed by the
    Illinois Environmental Protection Agency does not allege violations
    by these persons; they are therefore not proper parties respondent.
    To the extent the motion may be construed as a request for leave to
    file a third party complaint, the Board does not allow such (Owens-
    Illinois,
    Inc.
    v.
    IEPA, PCB 77—288,
    29 PCB 85, January 19, 1978;
    IE?A v. Giachini, PCB 77—143,
    33 PCB 547, May 24, 1979;
    IEPA v.
    Caristrom, PCB 78-153,
    34 PCB 47, June 22,
    1979),
    McLean may file
    a separate complaint against these persons pursuant to Section
    31(b)
    of the Environmental Protection Act and Part III of the
    Procedural Rules,
    The motion is denied~
    IT IS SO ORDERED,
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby c
    tify that the above Order was adopted
    on the
    ‘/‘~‘
    day of
    ~
    1980 by a vote of
    ~/~C
    Christan
    L. Mof
    Clerk
    Illinois Polluti
    ontrol Board
    40—71

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