ILLINOIS POLLUTION CONTROL BOARD

August 23, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 73—322

AJAX SAND AND GRAVEL, INC. an

Illinois corporation, HARRIS TRUST)

& SAVINGS BANK, as Trustee under

)

Trust #31605 and WESTERN NATIONAL

BANK OF CICERO, a National Bank

)

Corporation, as Trustee under its

)

Trust #3513, GARY-WHEATON BANK

as Trustee under Trust #1176

ORDER OF THE BOARD (by Mr. Henss)

Western National Bank requests that the Complaint be

dismissed as to Land Trust #3513 on the ground that the Trust

is in no way involved in the gravel pit or landfill but is

vacant subdivision land located to the east of the landfill

and gravel pit operation. This raises a factual issue and we

will take the motion with the case. If the Complainant becomes

convinced prior to hearing that it has named the wrong Respondent

then a Stipulation for Dismissal should be filed with us. In

absence of such an agreement, the issue will be resolved as one

of the factual disputes in the case.

IT IS SO ORDERED.

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

Board, hereby certify the above Order was adopted this

~3 ~

day of August, 1973 by a vote of

3

to ~