ILLINOIS POLLUTION CONTROL

BOARD

January

17,

1972

ENVIRONMENTAL PROTECTION AGENCY

)

)

v.

)

)

CITY OF URBANA,

ILLINOIS

)

)

V.

)

PCB 71-365

)

URBANA AND CHAMPAIGN SANITARY DISTRICT, and

)

SALINE BRANCH DRAINAGE DISTRICT,

and

)

THE BOARD

OF TRUSTEES

OF THE UNIVERSITY

)

OF ILLINOIS

)

ORDER

This

enforcement action was commenced by

a complaint filed

with

the Board on November

24,

1971, by

the Environmental Pro-

tection Agency against

the

City of Urbana.

On December

20,

1971,

a Third Party Complaint was filed with

the Board bringing in the

additional parties.

On January

7,

1972,

the

City

of Urbana filed

a Second Motion

to Strike and Dismiss Complaint,

requesting

that we dismiss

this

case based upon certain statutory and contractual grounds

relating

to jurisdiction

over

the Boneyard Creek

and

to

the responsibilities

connected with

the treatment of sewage emptying

into

the Creek

and within the Sanitary District.

Since the proper resolution and adjudication of the issues

here raised necessarily requires the participation of all the

parties

to whom the statutory and contractual agreements

relate,

and since

all of said parties have already been joined to these

proceedings,

IT

IS

HEREBY ORDERED THAT

the Second Motion

to Strike

and Dismiss Complaint in the above-captioned proceedings

is

hereby denied.

I, Christan

L.

Moffett,

Clerk of the Pollution Control Board,

certify

that the Board adopte

the above order this

/7

day of

1972, by

a vote

of

—C)