ILLINOIS
    POLLUTION CONTROL
    BOARD
    July
    10,
    1980
    ILLINOIS E1~VIRONMENTALPROTECTION
    AGENCY,
    Complainant,
    v.
    )
    PCB 80—32
    PLANNED COMMUNITIES, INC., an
    )
    Illinois Corporation, and
    )
    BRIARCLIFF ASSOCIATION,
    Respondents.
    ORDER
    OF THE
    BOARD
    (by
    I.
    Goodman):
    Motion to Dismiss for Lack of Jurisdiction (filed
    May
    29,
    1980) is denied.
    Whether Planned Communities,
    Inc.
    has never
    operated or directed operations of the public water supply
    system,
    a question of
    fact,
    is immaterial
    to a finding
    of whether
    it
    is the owner or official custodian thereof such that the Board
    can take jurisdiction of this enforcement case.
    Such argument is
    in the nature of an answer to the complaint rather than a motion
    arguing the Board’s power.
    Similarly, Planned Communities,
    Inc. ‘s lease of the system to the Briarcliff Association does not
    rule out
    a finding by the Board that Planned Communities,
    Inc.
    is
    the owner or official custodian thereof.
    Motion to Dismiss
    (filed May
    29,
    1980) is denied for the
    reasons stated above.
    Furthermore, the Board finds that Planned
    Communities,
    Inc.
    is not an improper party respondent herein.
    Motion
    to Strike for Lack of Jurisdiction (filed May 29,
    1980)
    is denied.
    Section 23 of the Public Water Supply Operation
    Act, Ill.Rev.Stat. ch.
    111—½,
    §523
    (1977) authorizes the Board’s
    jurisdiction over violations of that act.
    Motion
    to Add Necessary Parties
    (filed May
    29,
    1980)
    is
    granted with respect to the l3riarcliff Association only.
    The
    Board
    finds that complete relief may not be possible without
    jurisdiction over T3riarcliff.
    As to the named individuals,
    however, the finding is
    to the contrary.
    Planned Communities,
    Inc.
    is ordered to serve the Briarcliff Association with a copy of the
    complaint, the Motion to Add Necessary Parties,
    and this Order
    within 30 days hereof.
    IT
    IS SO ORDERED.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify
    that the above Order,~yasadopted on the
    jO~
    dày of
    1980 by a vote of~-O
    —2—
    oL~L~
    ~
    Christan L,
    Mof~t~
    Clerk
    Illinois Pollution~ntrol Board

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