ILLINOIS POLLUTION CONTROL BOARD

February 25, 1993

ERICH J. MANDEL,

)

)

Complainant,

)

)

v

)

PCB 92-33

(Enforcement)

THADDEUS G. KULPAKA,

)

)

Respondent.

ORDER

OF

THE

BOARD (by 3. Anderson):

This

matter is before the Board on respondent’s January 26,

1993 motion for leave to file counterclaim and counterclaim.

Complainant has failed to respond to this motion.

While the Board’B procedural rules do not specifically

provide for the filing of counterclaims in enforcement actions,

the Board has accepted such filings in the interest of

administrative economy. (See ~.g., Lefton Iron Metal Co.. Inc.

v. Moss- American Corn. (March 9, 1989) PCB 87—191.) Therefore,

the Board hereby grants respondent’s motion to file its

counterclaim. In so granting, the Board makes no ruling at this

time as to whether the counterclaim is duplicitous or frivolous.

(415 ILCS 5/31(b) (1992).)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby cer~fy that the above order was adopted

,on

the

~‘5~-

day of

_________________,

1993 by a vote of

~

~‘

~h.

Dorothy N. ,Gçinn, Clerk

Illinois P~Iution Control Board

0139-0505