ILLINOIS POLLUTION CONTROL BOARD
January 23, 1997
LIONEL P. TREPANIER, DANIEL MILLER,
WES WAGER, MAUREEN COLE, LORENZ
JOSEPH, MAXWORKS GARDEN
COOPERATIVE and AVI PANDYA,
Complainants,
v.
SPEEDWAY WRECKING COMPANY, and
BOARD OF TRUSTEES OF THE
UNIVERSITY OF ILLINOIS.
Respondents.
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PCB 97-50
(Enforcement - Citizens, Air)
ORDER OF THE BOARD (by K.M. Hennessey):
This case involves the demolition of several buildings in the area of Halsted and
Maxwell streets in the City of Chicago. Complainants, each of whom resides or works near
the buildings at issue, allege that the demolitions have resulted in or will result in air pollution
and open dumping. Complainants therefore allege that the respondent has violated, or will
violate, various provisions of the Illinois Environmental Protection Act.
Now pending before the Board is complainants’ motion for leave to add the Board of
Trustees of the University of Illinois (University) as a respondent, which complainants filed on
December 31, 1996. The University has not filed a reply to the motion. For the reasons
stated below, the Board grants the motion.
The University was originally named as a respondent in this case, but the University
moved to dismiss the complaint on the grounds that the University had not been properly
served and that the Board therefore lacked personal jurisdiction over the University. The
Board agreed, and dismissed the University by an order dated November 21, 1996. That order
stated that it did not preclude the complainants from bringing the University back into this case
by proper service.
Complainants now move to add the University, and in support of their motion attach a
copy of proof that they have served the president of the University by registered mail. On this
basis, the Board finds that service was proper and accordingly grants complainants’ motion to
add the University to this case. By this order, the University is also added to the caption of
this case.
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The Board further notes that the Board has already accepted for hearing complainants’
case against the remaining respondent, Speedway. In order that this case proceed as efficiently
as possible, the hearing officer should not set this matter for hearing until after the University
has filed a response. After that time, and after any motions raised in the response have been
resolved, this case should be set for hearing and should proceed as expeditiously as possible.
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 ___________, 1997, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board