ILLINOIS POLLUTION

CONTROL BOARD

August

11,

1994

ERICH J.

MANDEL,

)

)

Complainant,

)

)

V.

)

PCB 92-33

)

(Enforcement)

THADDEUS

G.

KULPAKA,

)

)

Respondent.

)

ORDER

OF THE

BOARD

(by C.

A.

Manning):

On February

25,

1992,

Erich J.

Mandel filed a

complaint against Thaddeus G.

Kulpaka alleging various

violations of the Environmental

Protection

Act (Act).

The

allegations concerned

several

Underground Storage Tanks

located on

a property

owned by

Mandel and

previously owned by

Kulpaka.

On July

30,

1992,

the Board

denied a

motion

by

the respondent for summary judgment or dismissal.

At

this

time the Board

also

struck

portions of the complaint

and dismissed

Counts

IV and

V.

On January

26,

1993,

Kulpaka

filed a

counterclaim against Mandel.

On February

25,

1993,

the Board

granted Kulpaka

leave

to file the counterclaim,

and

on

August 26,

1993,

the Board

found that

the

counterclaim was neither

duplicitous or frivolous.

This

case has been

scheduled for hearing

on

December

16,

1992,

March

12,

1993,

November

8,

1993

and

December

23,

1993;

however no

hearings

have ever been

held.

Since the cancellation of the last hearing,

seven

months ago,

the Board has had

no

further communications

from

the parties

to

indicate whether the matter has been

settled or

whether a

hearing will be

required.

Accordingly, we order

that the complainant show

cause

why an order

dismissing this

case

should

not

be

entered

for lack of prosecution.

Complainant’s response should

be

filed with the Board

on

or before Thursday,

August

25,

1994.

IT

IS

SO

ORDERED.

I,

Dorothy M.

Gunn,

Clerk of the Illinois

Pollution Co~trolBoard,

hereby

certify

that

the above order

was adopted

on

the

//~

day of _________________________

,

1994

by

a

vote of

~‘

C

.

/7

Dorothy

M. 9~nn,Clerk

Illinois

Pollut~bnControl Board