ILLINOIS POLLUTION CONTROL BOARD

November 8, 1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

v.

)

HOPPER PAPER DIVISION,

)

GEORGIA PACIFIC CORPORATION,

)

a foreign corporation, and

TAYLORVILLE SANITARY DISTRICT,

a municipal corporation,

)

)

Respondent,

PCB 90—184

TAYLORVILLE SANITARY DISTRICT,

)

(Enforcement)

a municipal corporation,

)

Crossclaimants,

V.

METCALF AND EDDY SERVICES, INC.

)

Respondents.

ORDER OF THE BOARD (by J. D. Dumelle):

This matter comes before the Board on a cross—complaint

filed by respondent Taylorville in an enforcement action.

Taylorville filed this claim on October 22, 1990 alleging, inter

alia, that it entered into a contract with Metcalf and Eddy

Services whereby the latter was hired as an independent

contractor to manage and operate the Taylorville facility at

issue in this case. Taylorville’s cross-claim seeks

indemnification for any penalty which might arise as a result of

the enforcement proceeding brought against Taylorville by the

Agency.

The Board notes that it is rare occurance when third party

complaints are brought before it. Only one other case (See,

Lefton Metal v. Kerr McGee, PCB 87-191) has been similar, and

that was a counterclaim regarding circumstances different from

the one at bar. Accordingly the Board will treat this as a

regular complaint in that it will not proceed to hearing without

a finding as to whether it is duplicitous or frivolous pursuant

to Section 31(b) of the Act. Thus it is hereby ordered that the

parties have until November 27, 1990 to submit a filing to the

Board as to whether Taylorvill&s October 22, 1990 filing is

frivolous or duplicitous.

116—89

---

IT IS SO ORDERED.

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

Board, hereby certify that the above Order was adopted on

the

_____________

day of

~

,

1990 by a vote

~

~.

Dorothy M. ~nn, Clerk

Illinois Po~ution Control Board

116—90