ILLINOIS POLLUTION CONTROL BOARD
February 19,
1981
CROOK DEVELOPMENT COMPANY,
Petitioner,
v.
)
PCB 80—230
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On January 29,
1981 the Illinois Environmental Protection
Agency moved the Board to join Stookey Township (Stookey) as an
additional petitioner in this action.
The stated grounds for
the motion are that Stookey is a necessary party to the petition,
as Stookey owns and operates the sewage treatment plant,
the
restricted status of which is the subject of Crook Development
Company’s
(Crook) petition.
On February
4,
1981,
Crook stated
that it had no objection to the motion.
The Board further notes
that Stookey took part in a conference with the Agency held
January 23,
1981,
some of the results of which are contained
in the Agency’s Recommendation in support of variance, filed
February 13,
1981.
However, the Board notes that service of the instant motion
was made on the Board of Town Auditors of the Town of Stookey,
rather than on officials of Stookey Township.
While the Board
agrees that the owner and operator of the treatment plant is
a
necessary party to this petition, who is hereby joined to this
action, the identity of that necessary party is unclear to the
Board.
Therefore,
Crook Development is hereby ordered to amend
petition to identify the treatment plant owner, and to include
certification that the necessary party has been served with the
pleadings
in this action,
and the instant Order,
pursuant to
Procedural Rule 305(a).
If an amended petition is not filed
within 45 days of the date of this Order, this petition will
be subject to dismissal.
IT IS SO ORDERED.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was a4ppted
on
the
~
day ~
—,
1981 by a vote of .S~O
Christan
L. Moffé,~ Clerk
Illinois Polluti6~,tontrolBoard
40—535