ILLINOIS POLLUTION CONTROL BOARD

August 22, 1972

ENVIRONMENTAL PROTECTION AGENCY)

Complainant,

v.

)

PCB 72—207

COUNTY OF DU PAGE,

a body

politic and corporate,

Respondent.

INTERIM OPINION

AND

ORDER ON MOTIONS

(by Mr. Parker):

Respondent, the County of DuPage, has filed

a motion to

strike paragraph 2(C)

of Complainant’s prayer for relief as

being substantially insufficient at law.

Respondent contends

that the County is not one of the governmental units encompassed

by the language of Section

46 of the Environmental Protection

Act.

We believe a decision on this motion should be deferred

until the Board’s final determination of all issues presented

in this proceeding.

This will afford all parties to the

proceeding an opportunity to file briefs on the questions

raised by the motion.

Respondent has also filed a motion to add as parties

the Villages of Addison and Itasca on the basis that their

sewage treatment responsibilities will be affected by any

order entered by us in this proceeding.

From a review of the

pleadings filed in support of this motion it appears

to us

that there may well be Villages in addition to Addison and Itasca

that may be similarly affected by the interim wastewater plan

of the Northeastern Illinois Planning Commission for its

Region

I.

For example, the additional communities of Wood Dale,

Elk Grove Village and Bensenville are also included as part of

Region

I of the Northeastern Illinois Planning Commission.

No

information has been presented to show why these additional

communities should not be parties to this proceeding if the

villages of Itasca and Addison are to be added.

Also,

no

information has been presented to show the relationship be-

tween the subject matter of this proceeding and the DuPage

County regionalization hearings and final reports concerning

Region

I which are presently scheduled for completion by the end

of September.

We feel that Respondent should submit this

additional information and that copies of Respondent’s motion

and supporting papers should be forwarded to all five of the

communities within Region I along with

a request that they

submit briefs or other information to us on the questions presented.

ORDER

1. Respondent’s motion to strike is held in abeyance

until this Board’s final determination of all issues

presented in this proceeding.

If the questions raised

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by this motion have not been mooted or otherwise dis-

posed of by the time of such final determination, all

parties to this proceeding are requested to file briefs

on the questions raised by this motion.

2.

The motion to add parties is held in abeyance until

such time as Respondent submits additional information

in accordance with the Opinion expressed above.

Respondent shall

serve copies of this Order and of the

Motion to add parties and supporting papers on the

communities of Itasca, Addison, Wood Dale,

Elk Grove

Village and Bensenville,

as well as on the Hearing

Officer currently conducting the Region I proceedings,

and shall forward copies of the proofs of service to

the Board.

I, Christan L. Moffett, Clerk of the Pollution Control Board, certify

that the Boarç4 adopted the above Interim Opinion and Order

this

eRe~

‘~

day of August, 1972,

by a vote of

C

Christan L. Moffet

,

Clerk

Illinois Pollution

ontrol Board

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