ILLINOIS POLLUTION CONTROL BOARD
    October 24,
    1991
    SUSAN A. CURTIS and
    )
    MARCY DIESING,
    )
    Complainants,
    )
    and
    )
    CITY OF CRYSTAL TAKE,
    )
    )
    Intervening-Complainant,
    )
    v.
    )
    PCB 91-30
    )
    (Enforcement)
    )
    MATERIAL
    SERVICE
    CORPORATION,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    C. Marlin):
    This case
    is
    before the Board
    on several motions
    filed by
    numerous
    parties.
    The motions
    filed
    by the parties
    include a
    motion filed by Material Service Corporation asking for
    leave to
    file
    an
    answer
    to
    the
    City
    of
    Crystal
    Lake’s
    (the
    “City”)
    complaint
    and
    a
    cross—complaint.
    In
    addition,
    a
    Motion
    to
    Intervene and
    a
    “Motion to File A Reply to Response of City of
    Crystal Lake to Petition to Intervene” were filed by the Village
    of Lake in the Hills
    (the “Village”).
    The Board has not received
    a
    filing
    from
    the
    City
    since
    the
    City
    filed
    its
    Motion
    to
    Intervene.
    The Hearing Officer in this matter provided the Board
    with a copy of
    a
    filing which he had received
    from Crystal Lake
    entitled
    “Response
    of
    Intervening—Complainant
    to
    Motion
    of
    Complainant
    For
    Leave
    To
    File
    Its
    Answer
    and
    Cross-Complaint”
    (sic).
    The Board, according to the attached proof of service, was
    not
    served
    with
    that
    filing.
    Further,
    the
    Hearing
    Officer
    indicated that he had not received a response from the City to the
    motion to intervene.
    The Board notes that if a complaint is filed by a person other
    than the Agency
    the Board
    must
    determine
    if
    the
    complaint
    is
    duplicitous or frivolous.
    35
    Ill.
    Adm. Code 103.124.
    Since the
    City filed its response with the Hearing Officer and not the Board,
    and since there are additional filings relevant to a determination
    on the outstanding motions which
    apparently have not been filed
    with the Board,
    the Board will not rule on the motions before it
    today.
    However,
    the Board directs that all parties,
    if desired,
    file responses with the Board to be received by the Board no later
    than November 5, 1991.
    Further, the Board reminds the parties that
    proceedings before
    it are governed by procedural rules set forth
    by the Board
    in
    35
    Ill.
    Adm. Code 101-120 and that motions must
    126—605
    2
    comport with these rules in order to be heard by the Board.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board
    do hereby certi
    h-the
    above Order was adopted on the
    ~day
    of
    ,
    1991, by
    a
    vote of 7—O
    Control Board
    126—606

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