ILLINOIS
POLLUTION
CONTROL
BOARD
December 4,
1980
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
PCB 80—177
MCLEP~NCOUNTY SERVICE COMPANY,
)
an Illinois corporation,
Respondent,
ORDER OF THE BOARD
(by D. Satchell):
On November 14, 1980 McLean County Service Company
(McLean)
filed a petition to join additional parties respondent in this
enforcement case.
The complaint alleges violations resulting
from discharge of fertilizer solution from a tank owned by McLean.
The motion seeks to add as parties the manufacturer and vendor of
a valve which failed on the tank,
The complaint filed by the
Illinois Environmental Protection Agency does not allege violations
by these persons; they are therefore not proper parties respondent.
To the extent the motion may be construed as a request for leave to
file a third party complaint, the Board does not allow such (Owens-
Illinois,
Inc.
v.
IEPA, PCB 77—288,
29 PCB 85, January 19, 1978;
IE?A v. Giachini, PCB 77—143,
33 PCB 547, May 24, 1979;
IEPA v.
Caristrom, PCB 78-153,
34 PCB 47, June 22,
1979),
McLean may file
a separate complaint against these persons pursuant to Section
31(b)
of the Environmental Protection Act and Part III of the
Procedural Rules,
The motion is denied~
IT IS SO ORDERED,
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby c
tify that the above Order was adopted
on the
‘/‘~‘
day of
~
1980 by a vote of
~/~C
Christan
L. Mof
Clerk
Illinois Polluti
ontrol Board
40—71