ILLINOIS POLLUTION CONTROL BOARD

March

2, 1978

BNVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 77-37

JOHN

DAUBS,

Respondent.

ORDER

OF

THE

BOARD

(by Mr. Young):

On

January

19, 1978, Donald

E. Garrison filed a Motion

to

Strike

Motion to Add Necessary Party and a supporting

Brief

on

January

30, 1978.

The Respondent filed a Response

on

February

23, 1978.

The Movant~spleading objected to

Respondent~s

Motion filed on December

1,

1977,

to

add

Donald

E. Garrison as necessary party which was granted by

the

Board

on December

8,

1977.

According to Procedural Rule 303(c), the Board is

authorized

to

order

the

presence

of

other

parties

in

the

proceeding

for

a

complete

determination

of

the

controversy.

On

December

1,

1977,

the

Respondent

alleged

in

its

Motion

that

Donald

E.

Garrison

is

the

owner

of

the

premise

in

question

in

fee

simple

and

that

Movant operated the Salem

Landfill referred to in Count

I, placed hazardous wastes

in

the

landfill

as

described

in

Count

II, and failed

to

place final cover

as set forth in Count IV of the Complaint.

Since these allegations are not controverted in the

Motion

to Strike or the Brief, the Board will hereby deny

the

Motion

to Strike Motion to Add Necessary Party and order

that

hearing

be

set

for

all

parties

within

21

days

to

take

place

within

60

days

of

this

Order.

IT

IS

SO

ORDERED.

I,

Christan

L,

Moffett,

Clerk

of

the

Illinois pollution

Control

Board,

hereby

certify

the

above

Order

was

adopted

on

the

day

of

_________________,

1978

by

a

vote

____

Illinois Polluti

Board

29

*