ILLINOIS POLLUTION CONTROL BOARD

May 24, 1990

STATE OIL COMPANY,

)

Petitioner,

v.

)

PCB 90-102

(Water Well Setback Exception)

DR. AND MRS. JAMES KRONE and

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondents.

ORDER OF THE BOARD (by J. Marlin):

This petition seeks a well water setback exception pursuant

to Section 14.2(c) of the Act and 35 Ill. Adm. Code 106.601 et

~

The matter is accepted for hearing and will be assigned to

a Hearing Officer.

The Board notes that the property owners who have declined,

pursuant to Section 14.2(b) of the Act, to grant a waiver of the

setback requirements have been served with this petition as

required by the Part 106 rules. Although the Part 106 rules do

not so require by their terms, the Board believes that it is

appropriate to join the property owners as parties respondent

pursuant to 35 Iii. Adm. Code 103.121 and 103.141, as persons who

have “an interest which the Board’s order may aiffect”. The

caption in this case has been amended to reflect this joinder.

The Clerk is directed to provide these new respondents with a

copy of the Act and the Board’s procedural rules,

as

well as this

Order, via first class mail, in addition to making usual service

of this Order. As petitioner has already served them with the

petition, no

additional copy need be sent.

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 ~

day of

________________

,

1990, by a vote of

7~.

,-1

).

~

—

Dorothy M. /~unn, Clerk

Illinois P.bllution Control Board

111—435