ILLINOIS POLLUTION CONTROL BOARD
    October
    5,
    1995
    IN THE MATTER OF:
    )
    PETITION OF HEPWORTH U.S.
    )
    AS 94-19
    HOLDINGS,
    INC., MANLEY
    )
    (Adjusted Standard
    -
    Land)
    BROTHERS OF INDIANA,
    INC.,
    )
    AND
    THE SILICA SAND TRUST
    )
    FOR AN ADJUSTED STANDARD
    )
    FROM 35 ILL. ADM.
    CODE
    )
    620.410
    )
    ORDER OF THE BOARD
    (by M. MCFaWn)
    This matter
    is before the Board on
    a petition for adjusted
    standard filed by Hepworth U.S.
    Holdings,
    Inc.
    (Hepworth)
    on
    December
    27,
    1994.
    Hepworth
    is seeking an adjusted standard from
    the Class
    I groundwater quality standards
    for lead,
    nickel,
    and
    arsenic set forth at
    35 Iii.
    Adm. Code 620.410, for a 50—acre
    portion of a 550-acre sand mining facility located southeast or
    Troy Grove
    in both Township
    34N, Range
    1E,
    Section
    2 and Township
    35N, Range 1E,
    Section
    35 of LaSalle County,
    Illinois.
    Hepworth
    i~the former operator
    at the
    site, which i~currently operated
    by Manley Brothers of Indiana,
    Inc.
    (Manley Brothers).
    Manley
    took over operations at the site from Hepworth in August,
    1991.
    The site is owned by the Silica Sand Trust.
    While Hepworth is
    neither the owner nor operator of the site,
    it retained
    responsibility for any further investigation and cleanup costs
    for property conditions that existed prior to the sale.
    At hearing, Mr. Ray Salt, President of Manley Brothers of
    Indiana, Inc., testified in support of the requested adjusted
    ctandard.
    Mr. Joseph Lanuti, Trustee
    of
    the Silica Sand Trust,
    submitted a public comment supporting the requested adjusted
    standard.
    The Board finds that both Manley Brothers, the current
    operator at the site,
    and the Silica Sand Trust, the owner of the
    site, are necessary parties to this action.
    Therefore, pursuant
    to Section 103.121(c)
    of our procedural rules
    (35 Ill. Adm.
    Code
    101.121(c)), the Board will on its own motion add these parties
    as co-petitioners in this adjudicatory proceeding.
    Accordingly,
    the Board hereby directs the Clerk of the Board to amend the
    caption to reflect the addition of these parties as co-
    petitioners, and to serve each of these new parties with a copy
    of this order and a copy of the docket sheet in this proceeding.
    The Clerk’s Office shall provide these new parties with a copies
    of any pleadings which they may request,
    free of charge.
    2
    Should co-petitioners desire, they may submit any additional
    filings necessitated by this order within fourteen days of the
    date of this order.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board1 hereby certi~tI~atthe above order was adopted on the
    ..3~
    day of
    -
    ,
    1995,
    by a vote of
    7~’
    Dorothy M,tGunn,
    Cle’rk
    Illinois ~,611utionControl Board

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