ILLINOIS POLLUTION CONTROL BOARD
November 8, 1990
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
HOPPER PAPER DIVISION,
)
GEORGIA PACIFIC CORPORATION,
)
a foreign corporation, and
TAYLORVILLE SANITARY DISTRICT,
a municipal corporation,
)
)
Respondent,
PCB 90—184
TAYLORVILLE SANITARY DISTRICT,
)
(Enforcement)
a municipal corporation,
)
Crossclaimants,
V.
METCALF AND EDDY SERVICES, INC.
)
Respondents.
ORDER OF THE BOARD (by J. D. Dumelle):
This matter comes before the Board on a cross—complaint
filed by respondent Taylorville in an enforcement action.
Taylorville filed this claim on October 22, 1990 alleging, inter
alia, that it entered into a contract with Metcalf and Eddy
Services whereby the latter was hired as an independent
contractor to manage and operate the Taylorville facility at
issue in this case. Taylorville’s cross-claim seeks
indemnification for any penalty which might arise as a result of
the enforcement proceeding brought against Taylorville by the
Agency.
The Board notes that it is rare occurance when third party
complaints are brought before it. Only one other case (See,
Lefton Metal v. Kerr McGee, PCB 87-191) has been similar, and
that was a counterclaim regarding circumstances different from
the one at bar. Accordingly the Board will treat this as a
regular complaint in that it will not proceed to hearing without
a finding as to whether it is duplicitous or frivolous pursuant
to Section 31(b) of the Act. Thus it is hereby ordered that the
parties have until November 27, 1990 to submit a filing to the
Board as to whether Taylorvill&s October 22, 1990 filing is
frivolous or duplicitous.
116—89
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
_____________
day of
~
,
1990 by a vote
~
~.
Dorothy M. ~nn, Clerk
Illinois Po~ution Control Board
116—90