ILLINOIS POLLUTION CONTROL BOARD
    February
    1,
    1996
    PEOPLE OF
    THE
    STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    )
    BELL SPORTS,
    INC., A CALIFORNIA
    )
    CORPORATION, AN)
    WASTE
    HAULiNG
    )
    LANDFILL, INC,
    AN ILLINOIS
    )
    CORPORATION, AND WASTE HAULiNG,
    )
    INC.,
    AN ILLINOIS CORPORATION,
    )
    )
    Respondents.
    )
    ____________________
    )
    PCB95-91
    )
    (Enforcement-Land)
    WASTE HAULING LANDFILL, INC.,
    )
    AN ILLINOIS
    CORPORATION, AN)
    )
    WASTE HAULING,
    INC.,
    AN ILLiNOIS
    )
    CORPORATION,
    )
    )
    Cross-claimants,
    )
    )
    v.
    )
    )
    BELL SPORTS,
    INC. A
    CALIFORNIA
    )
    CORPORATION,
    )
    )
    Cross-respondent.
    )
    ORDER OF
    THE
    BOARD (by C.A. Manning):
    This matter comes before the Board on
    a motion to reconsider filed by Bell Sports,
    Inc. on
    January
    11,
    1996.
    The motion
    asks the Board to reconsider its December 7,
    1995 decision
    denying Bell
    Sports’ motion to dismiss the cross-claim of Waste Hauling Landfill, Inc. (WHLI)
    and Waste Hauling Inc. (Will).
    WHLI
    and Will request theBoard to reconsider and reverse a
    non-final order on the grounds that theBoard’s December 7,
    1995 order was in error and
    overlooked facts in the record.
    Finding no reason in the motion for reconsideration to change or
    otherwise reconsider ourDecember
    7,
    1995
    order,
    the motion is hereby denied.
    The Board further notes that on
    September
    11,
    1995, WHLI/ WHI filed a claim against
    Bell Sports styled as a “counter-claim.”
    A counter-claim is a claim presented by a defendant
    in
    opposition to or deduction from the claim of the plaintiff.
    (Black’s Law Dictionary at 349 (6th
    2
    ed.
    1990.).)
    Alternately, a cross-claim is a claim brought by one party against a co-party arising
    out ofthe transaction or occurrence that is the subject matter either ofthe original action or ofa
    counterclaim therein or relating to any property that
    is the subject matter ofthe original action.
    (Black’s at
    375.)
    After due consideration, the Board acknowledges that WHLTJWHI’s
    September
    11,
    1995
    claim against Bell Sports is a cross-claim since W.HLIIWHIE and Bell Sports
    are co-party respondents in the original complaint filed by the Illinois Attorney General on behalf
    ofthePeople ofthe State ofillinois on March 14,
    1995.
    This change is noted in the caption and
    shall be so noted in the future.
    IT IS SO ORDERED.
    I, DorothyM.
    Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certiFy that the
    above order was adopted on the ___________________ day of
    -
    1996,
    byavoteof
    7—O
    ~
    £‘~
    Dorothy M.,Ø~hn,
    Clerk
    Illinois Polh~iSnControl Board

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