ILLINOIS POLLUTION CONTROL BOARD

July 20,

1978

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 78—132

VILLAGE OF MILLSTADT,

a municipal

corporation,

and TESTING ANALYSIS

AND CONTROL INC., an Illinois

)

corporation,

Respondent.

ORDER OF THE BOARD

(by Mr.

Young):

On July 5,

1978,

Respondent Village of Millstadt filed

a Counterclaim against Testing Analysis and Control,

Inc.

The Board does not have jurisdiction

to decide the issue

presented or to grant the relief requested and must therefor

dismiss

the Counterclaim.

On July 3,

1978, Respondent Testing Analysis

and Control,

Inc. filed a special appearance and Motion to Dismiss for

want of jurisdiction.

A response to this Motion was filed on

July 10,

1978, by the Complainant.

In order for the Board

to make

a final determination in this matter,

the Board will

direct the Hearing Officer to stay any proceedings

in this

matter as

to all parties and to establish a schedule for

the submission of legal briefs by the parties on the question

of jurisdiction raised in the Motion.

After Board disposition

of the Motion,

the Hearing Officer shall then set the matter

for hearing on a date which will,

in his judgment, allow for

full and complete discovery prior to hearing.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, her by

ertify

the above Order was adopted on

~the

~

day of

~

,

1978 by

a vote of

Illinois Pollution

trol Board