ILLINOIS POLLUTION CONTROL BOARD

July 10,

1980

VILLAGE OF HILLSIDE, et.al.,

)

Complainants,

v.

)

PCB 80—60

JOHN SEXTON SAND AND GRAVEL CORP.,

et.al.,

Respondents,

CITIZENS FOR A BETTER ENVIRONMENT,

Intervenor.

ORDER OF THE BOARD

(by

I. Goodman):

CEE’s appeal of the hearing officer’s denial of its petition

to intervene,

filed by the hearing officer on June 30,

1980,

is

granted.

The hearing officer’s order

is overruled.

Under Procedural Rule 310, intervention is permitted when,

upon timely written application, either

(1) Petitioner is

so

situated that it may be adversely affected by

a final Board Order

or

(2)

Petitioner’s claim or defense involves a common question of

law or fact.

Without deciding whether CBE’s “members in and around Hillside”

are so situated that they may be adversely affected by a final Board

Order, the Board finds that, because CBE adopted Hillside’s complaint

as its own, CBE necessarily presents claims involving identical

questions of law and fact.

For this reason, CBE is entitled to

intervene as party Complainant.

IT IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Bo~d,hereby cer ify that the above Order was Ldopted

on the

/c~

day of

_____________,

1980 by a vote of

~—O

Illinois Polluti

Control Board