ILLINOIS

POLLUTION CONTROL BOARD

April

19,

1984

ILLINOIS ENVIRONMENTAL

)

Complainant,

PCB 83—163

LARRY BITTLE,

WILLIAM GAMBER,

)

LEONARD C. BITTLE,

AND J~MAX

)

MITCHELL,

)

)

Respondent.

ORDER OF THE BOARD

(by J~Anderson):

On March 28,

1984,

respondents William

Gamber and Leonard

gittle each moved

for dismissal

from this action.

Each had been

joined as a respondent

by

the

Board’s

Order

of

January

12,

1984,

granting respondent Mitchell~srequest for such joinder.

The

Agency, by the Attorney General,

filed a

response in opposition

to dismissal on April

3,

i984~,

The motions to dismiss are

denied,

The first ground for

dismissal, the Agency~sfailure to serve respondents with copies

of exhibits to the

Complalflt,

has been mooted by the April

3,

1984 service of the exhibits,

The second ground asserted is

failure to comply with the notice and

settlement

conference

provisions of Section

31(d)

of the Act, required to be fulfilled

before the filing of a complaint.

The Board concurs with the

Attorney General’s assessment that Section 31(d) is inapplicable

here, where joinder of these respondents

was not the result of an

investigation by the Aqency~but was instead the result of

another respondent~srequest that additional respondents be

impleaded.

IT IS SO ORDERED.

I, Christan L~Moffett1

Clerk

of the Illinois

Pollution

ControlLi3oard,

hereby cer~ify

that

the above Order was adopted on

thejj~_day ~

_______,

1984 by a vote

of

~—O

Christan L.

Moffet ,~,Clerk

Illinois Pollution Control Board