ILLINOIS POLLUTION CONTROL BOARD

May

8,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75-22

UNITED ELECTRIC COAL COMPANIES

)

a Delaware Corporation

Respondent.

INTERIM ORDER OF THE BOARD

(By Mr.

Zeitlin):

The original Complaint in this matter was filed by the

Attorney General for the Environmental Protection Agency on

January 16,

1975.

That Complaint named as Respondent the

United Electric Coal Companies,

a Delaware Corporation, and

alleged various violations

of the Illinois Environmental

Protection Act and of the Rules and Regulations of this

Board.

The Attorney General has now filed two Motions, one

to add a party respondent

(filed April 25,

1975), and one to

amend the original Complaint by changing the name of the

originally designated Respondent

(filed April 28, 1975).

The first Motion, that to add an addi~.ionalparty Respondent,

alleges that since the inception of this case the property

which is the subject matter of the action has been sold to

the Metropolitan Sanitary District of Greater Chicago.

We

agree with the Attorney General that a complete determination

of the controversy can therefore not be made without the

presence of said Metropolitan Sanitary District.

It is

obvious that the Metropolitan Sanitary District has an

interest which may be affected by any Order which the Board

might enter in this matter, and that therefore the Sanitary

District should be joined as a party Respondent.

The second Motion,

to amend the original Complaint so as

to change the name of the originally named Respondent,

alleges that the Freeman United Coal Mining Company is the

successor by merger to the United Electric Coal Companies,

the currently designated Respondent.

This Motion points out

that Freeman United Coal Mining Company has ~entered--an appearance

in this matter indicating such succession by merger.

For

that reason, the Board agrees with the Attorney General that

the cause should be restyled, indicating the proper party

Respondent, Freeman United Coal Mining Company.

—

595

---

—2—

For the reasons stated above, the instant enforcement

action shall be amended to indicate as parties Respondent

the Freeman United Coal Mining Company and the Metropolitan

Sanitary District of Greater Chicago.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Interim Order of the

Board was adopted on the

~day

of____________________

l975byavoteof

___________

Chr~stanL. Moff

,

lerk

Illinois Pollutio

ntrol Board