ILLINOIS POLLUTION CONTROL BOARD
    October 18, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 73—403
    WELLS MANUFACTURING COMPANY,
    Respondent.
    CITIZENS FOR A BETTER ENVIRONMENT,
    )
    Complainant,
    v.
    )
    PCB 73—418
    WELLS MANUFACTURING COMPANY,
    Respondent.
    ORDER OF THE BOARD
    (by
    Mr.
    Henss)
    Respondent Wells Manufacturing Company has filed a Motion
    to Dismiss the action which was commenced by Citizens for a
    Better Environment.
    The claim is made that the Complaint of
    the Citizens for a Better Environment is duplicitous of the
    Complaint which had been filed by the Environmental Protection
    Agency.
    We find that the two actions are not duplicitous.
    Citizens
    for a Better Environment,
    a corporation, has
    a right to prose-
    cute an enforcement action as does the Environmental Protection
    Agency.
    Since we have consolidated the two cases
    for hearing,
    Respondent will not be burdened with multiple hearings for the
    same event.
    ri’e
    see no prejudice to Respondent in the procedure
    being followed.
    If it should appear in the future that
    a multi-
    plicity of parties—Complainant could prejudice the rights of a
    Respondent, we will enter such protective orders as deemed
    appropriate at that time.
    No prejudice presently exists to
    the
    Respondent and we will deny the motion to dismiss.
    It is ordered that the Motion to Dismiss be denied.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, heçeby certify the above Order was adopted this
    /~~‘
    day of
    ~
    1973
    by a vote of
    ~j
    to
    ~)
    ~
    9
    —
    595

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