ILLINOIS POLLUTION CONTROL BOARD
    December 17, 1992
    VEACH
    OIL
    COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 92—202
    )
    (Variance)
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On December 7,
    1992, Veach
    01.
    filed a petition for variance
    from 35 Ill.
    Adu.
    Code 602.105(a), Standards for Issuance, and
    from 35 Ill. Adm. Code 602.106(a), Restricted Status.
    The
    petition asserts that “the purpose of this variance request is to
    allow the extension of the present water distribution system of
    the Lake of Egypt Water District which is necessary to enable it
    to serve commercial property located adjacent to the intersection
    of Illinois Route 148 with Interstate 57 in extreme southern
    Williamson County, Illinois which property is owned by the
    petitioner”.
    Although the petition states that “the petitioner
    is informed and believes that the Lake of Egypt Water District
    (District)
    supports this petition for variance”, the District has
    not been made a party to this action.
    Veach has waived hearing
    in this matter.
    The Board finds that this petition is deficient.
    Section
    103.121(C)
    of the Board’s procedural rules provides that:
    If a complete determination of a controversy
    cannot be had without the presence of other
    parties, the Board or Hearing Officer shall
    order them to be brought in.
    If a person not
    a party has an interest which the order may
    affect, the Board or Hearing Officer may
    order him to be made a party.
    Service of
    process and subsequent pleadings shall be had
    as directed by Section 103.123.
    See also 35 Ill. Adm. Code 103.141.
    The Board cannot
    make
    a
    “complete determination” in this matter unless the District is
    brought into this action.
    The District is the only entity which
    can verify its present status and future plans; this petition
    does not even state why the supply is on restricted status.
    Additionally,
    in cases seeking variance from restricted status,
    variances granted by the Board typically include conditions which
    must be complied with by .the water supply.
    The Board cannot
    0138-0169
    2
    order the District to take any action unless it is brought into
    this case as a party.
    Accordingly, the Board orders Veach to file an amended
    petition joining the District as a party to this action pursuant
    to Section 103.121(c)
    and 103.141.
    Veach may join
    the
    District
    as a petitioner,
    if it believes that the District supports the
    petition, or as a respondent if it does not.
    Veach shall make
    service of the petition upon the District pursuant to Section
    103.123(a).
    If the District is joined ~s a petitioner, the
    petition must contain either a statement that the District
    requests a hearing, or that the District waives hearing.
    If the
    District waives hearing, the petition must contain an affidavit
    by the District attesting to the truth of the facts alleged.
    See
    35 Ill. Adm. Code 104.124.
    If an amended petition curing this deficiency is not filed
    within 45 days of the date of this Order, this petition will be
    subject to dismissal.
    The filing of an amended petition will
    restart the Board’s decision timeclock pursuant to Section 38 of
    the Environmental Protection Act.
    IT
    IS
    SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi y that the above order was adopted on the
    /77~day of
    /‘
    ,
    1992,
    by a vote of
    -7—o
    ~
    Dorothy N.
    nn, Clerk
    Illinois
    o lution Control Board
    3138-Qj7~

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