ILLINOIS POLLUTION CONTROL BOARD
    November 7,
    1991
    SUSAN A.
    CURTIS and
    )
    MARCY DIESING,
    )
    )
    Complainants,
    and
    )
    CITY OF CRYSTAL LAKE,
    )
    9
    )
    Intervening—Complainant,
    v.
    )
    PCB 91-30
    (Enforcement)
    VILLAGE OF
    LAKE
    IN THE HILLS,
    )
    )
    Intervening—Respondent,
    and
    MATERIAL SERVICE CORPORATION,
    )
    Respondent.
    MATERIAL SERVICE CORPORATION,
    )
    Cross—Complainant,
    v.
    CITY OF CRYSTAL LAKE,
    )
    Cross—Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This case
    is before the Board on several motions filed by
    numerous parties.
    The motions filed by the parties are:
    a Motion asking for Leave to File an Answer
    to the City of Crystal Lake’s
    (the “City’t)
    complaint and a cross-complaint filed by
    Material Service Corporation
    (“Material
    Service”);
    a Notion to Intervene and a “Motion to File A
    Reply to Response of City of Crystal Lake to
    Petition to Intervene” filed by the Village
    of Lake in the Hills
    (the “Village”);
    127—09
    2
    a Response to the Village’s Petition to
    Intervene and a Motion to Strike the
    Village’s Reply filed by the City; and
    a Response to the Village’s Petition to
    Intervene filed by Susan Curtis and Marcy
    Diesing
    (“Curtis/Diesing”).
    The Hearing Officer in this matter provided the Board with a
    copy of a filing which he had received from the City entitled
    “Respon~eof 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 and a Response has not subsequently been filed with
    the Board even after the Board’s October 24,
    1991 Order and
    several conversations with Board staff, directing that responses
    be filed with the Board.
    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 the “Response of Intervening—
    Complainant to Motion of Complainant For Leave To File Its Answer
    and Cross-Complaint”
    (sic)
    will be disregarded.
    The cross-
    complaint,
    filed by Material
    Service,
    is accepted for hearing.
    As to the remaining motions before the Board and the Hearing
    Officer,
    the Board grants the Material Service Motion for leave
    to file an answer to the complaint.
    Further, the Board grants
    the Motion of the Village to intervene as the Board finds that
    the Village could be adversely affected by a decision in this
    matter.
    The BOard also grants the Village’s Motion for Leave to
    file a Reply and denies the City’s motion to strike the Reply.
    The Board notes that the City,
    on July 25,
    1991,
    filed a
    “complaint” with its motion to intervene.
    It is well established
    that “an intervenor must take the case as he finds
    it”.
    (Lake
    States Engineering
    v. One Naperville Corporation,
    (Ill. App.
    2
    Dist.
    1986),
    102 Ill. Dec 100,
    103,
    499 N.E.2d 657,
    660.
    Therefore, the intervenors, the City and the Village, must take
    this case as they found it.
    The Board further notes that the
    City’s “complaint” merely restated the issues set forth by
    Curtis/Diesing and did not state new issues.
    The Board again will remind 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 comport with
    these rules including the filing of the proper number of copies.
    In the future, the Board will consider imposing sanctions for the
    failure to follow procedural rules including but not limited to
    assessing the cost for making additional copies to the party
    filing the document if the proper number of copies are not
    included.
    127—10
    3
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gurin,
    Clerk of the Illinois Pollution Control
    ar
    ,
    do hereby certi~y~thatthe ab9ve Order was adopted on the
    ~—
    day of
    ,
    1991,
    by a
    vote of
    7-o.
    /
    ~L7~/~2.
    ~_~‘
    n, Clerk
    ution Control Board
    Illinois
    -
    127—11

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