ILLINOIS POLLUTION CONTROL BOARD
    December
    2,
    1982
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    and
    )
    PCB 78—233
    FLORENCE FARMER,
    Intervenor,
    vs.
    GRANITE CITY STEEL DIVISION
    OF NATIONAL STEEL CORPORATION.
    )
    Respondent.
    ORDER OF THE BOARD (by
    I.
    G. Goodman):
    On October
    4,
    1982 the Respondent filed
    a Motion for
    Reconsideration of the Boardts September
    2,
    1982 Order in this
    matter.
    Leave to file this motion was granted on October 14,
    1982 and responses allowed until October
    22,
    1982.
    No response
    has been filed by the Illinois Environmental Protection Agency,
    Complainant.
    On November 29,
    1982,
    the Intervenor
    filed both
    a Motion to File Instanter and a Response.
    Leave to file
    is
    granted.
    Respondent’s Motion for Reconsideration is granted.
    Two
    issues are raised by the Respondent’s motion.
    Th~
    Respondent argues that the Appellate Court remand does not
    vacate the Stipulated Agreement entered into by the Agency and
    Respondent.
    In support,
    the Respondent contends that interven-
    tion was not sought until after
    that Agreement had been filed;
    and that the Appellate Court’s
    ruling on a motion and also by
    its final order limited the issue in that appeal to the right
    of intervention.
    Despite the Respondent’s first contention, it was only when
    the Board fully incorporated the Agreement into its Order of July
    10,
    1980 that the Agreement became final, and intervention was
    sought prior to that.
    Furthermore,
    to interpret the Court’s
    remand as solely allowing intervention but not vacating the final
    Order, and therefore the Agreement, would he contrary to the
    rationale of the remand.
    This interpretation would leave
    the
    Intervenor with having gained
    a right and yet without any
    available remedy.
    50-17
    2
    Secondly,
    the Respondent argues that pursuant
    to the Board’s
    Procedural
    Rules,
    the Intervenor is barred from alleging viola-
    tions prior to those alleged
    in the original complaint.
    Respon-
    dent contends that since the Intervenor must take the case as
    “she finds
    it,”
    like the Complainant she is
    limited pursuant to
    Procedural Rule
    326(b) to amending the pleadings with allegations
    of violation subsequent or continuing after the initial pleading
    was filed.
    The legal maxim forwarded by Respondent
    is correcb.
    It does
    not, however, mean that an Intervenor cannot
    so amend
    the pleadings,
    The Board must also consider the two—fold purpose
    of intervention:
    1)
    to protect an interest which might otherwise be adversely
    affected by the outcome,
    and 2) to expedite litigation by dis-
    posing of the entire controversy among the persons involved in
    one action,
    and so to prevent multiplicity of actions.”
    Strader
    v.
    Board of Education,
    351 Ill. App.
    438,
    115 N.E.
    2d 539, at
    547
    (1953).
    Exercising its discretion,
    the Board has allowed the Inter—
    venor to amend Counts
    I through IV
    in a limited manner.
    No new
    issues are raised,
    so the Intervenor has taken the case as she
    found
    it.
    Yet the purposes of intervention,
    in this case granted
    by the Fifth District, have been preserved.
    The September 2,
    1982 Order
    is reaffirmed.
    IT IS SO ORDERED.
    Chairman
    3.
    Dumelle dissented.
    Board Member
    D.
    Anderson
    concurred.
    I, Christan L.
    Moffet, Clerk of the Illinois Pollution
    Control Boar~,hereby certify that the above Order was adopted
    on the
    -~.
    ‘~‘~
    day of
    ~
    1982 by a vote of
    Christan
    L. Mof~E~,?,Clerk
    Illinois Pollution Control Board
    50-18

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