ILLINOIS POLLUTION CONTROL BOARD
    March 2, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    EAGLE-PICHER INDUSTRIES, INC.,
    an Ohio corporation,
    Respondent.
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    PCB 99-152
    (Enforcement - Air)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    On January 26, 2000, the complainant, People of the State of Illinois (People) filed a
    “Motion to Correct Misnomer and to Amend Complaint.” In response to a hearing officer
    request for clarification, a “First Amended Motion to Correct Misnomer and to Amend
    Complaint” (motion) and the “First Amended Complaint” were filed on February 17, 2000.
    The People state in their motion that the respondent, Eagle-Picher-Boge, L.L.C., a Delaware
    Limited Liability Company, has no objection to the motion. Eagle-Picher-Boge, L.L.C., a
    Delaware Limited Liability Company has not filed a response to the motion.
    The original complaint in this matter was filed against “Eagle Picher Boge, L.L.C., an
    Ohio corporation.” On June 16, 1999, respondent filed a motion to dismiss in which it
    indicated that its name should be reflected as “Eagle-Picher-Boge, L.L.C., a Delaware Limited
    Liability Company.” In its order of July 22, 1999, the Board denied the motion to dismiss and
    re-captioned the proceeding to reflect the name of respondent as “Eagle-Picher-Boge, L.L.C., a
    Delaware Limited Liability Company.”
    In the motion before us now, the People state that in 1997, Eagle-Picher-Boge, L.L.C.,
    a Delaware Limited Liability Company and Eagle-Picher Industries, Inc., an Ohio corporation,
    committed to a joint venture in which Eagle-Picher Industries, Inc., an Ohio corporation,
    maintained a 45% interest and agreed to indemnify and hold harmless Eagle-Picher-Boge,
    L.L.C., a Delaware Limited Liability Company, for any liability incurred during Eagle-Picher
    Industries, Inc.’s control of the Edgar County facility that is the subject of the complaint. In
    light of this information, the People assert that Eagle-Picher Industries, Inc., an Ohio
    corporation, is the appropriate respondent in this case. Accordingly, the People seek to amend
    the complaint to reflect “Eagle-Picher Industries, Inc., an Ohio corporation” as the respondent
    in this proceeding.
    The People’s motion is granted. The caption of this proceeding has been changed
    herein and should in all future Board and hearing officer orders reflect “Eagle-Picher
    Industries, Inc., an Ohio corporation” as the respondent. In granting the People’s motion, the
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    Board makes no finding as to whether Eagle-Picher-Boge, L.L.C., a Delaware Limited Liability
    Company should be a party to this proceeding. The “First Amended Complaint” is deemed
    filed as of the date of this order and the People are directed to proceed with service of the
    “First Amended Complaint” pursuant to Board regulations.
       
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 2nd day of March 2000 by a vote of 6-0.
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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