ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DOREN POLAND, LLOYD YOHO, and BRIGGS
    INDUSTRIES, INC.,
    Respondents.
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    PCB 98-148
    (Enforcement - Land)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    This matter is before the Board on the September 7, 2000 motion of respondent Briggs Industries, Inc.
    (Briggs), for reconsideration of the Board’s August 24, 2000 order, and the September 7, 2000 motion of Briggs for
    leave to add Abingdon Salvage Company, Inc. as an additional party. Complainant filed responses to both motions
    on September 13, 2000.
    MOTION FOR RECONSIDERATION
    Briggs seeks reconsideration of the Board’s August 24, 2000 order, in which the Board granted Briggs’
    request to join Loren and Michelle West as parties to this enforcement action, and granted Briggs leave to file a third
    party complaint against the Wests. In reliance upon complainant’s statement that it lacked a good faith basis upon
    which to state a cause of action against Loren and Michelle West, the Board did not order complainant to file an
    amended complaint naming Loren and Michelle West, but rather, as stated above, granted Briggs leave to file a third-
    party complaint.
    In its motion for reconsideration, Briggs argues that the Board should compel the complainant to amend the
    complaint in this matter to add Loren and Michelle West. Additionally, Briggs requests the Board direct the hearing
    officer to enter a new scheduling order regarding discovery and hearing.
    After reviewing Briggs’ motion and the complainant’s response, the Board finds that Briggs’ motion is
    without merit. The motion for reconsideration is denied.
    MOTION FOR LEAVE TO ADD ABINGDON SALVAGE COMPANY, INC.
    Briggs also filed a motion seeking leave to add Abingdon Salvage Company, Inc. (Abingdon), as an
    additional party respondent in this case. In support of its motion, Briggs states that depositions taken on August 24
    and August 31, 2000, provided information suggesting that Abingdon should be joined in this action. Briggs claims
    that because Abingdon was a waste hauler who may have hauled waste from Briggs to the allegedly unpermitted
    site referred to in the complaint, a complete determination of the controversy cannot be had without Abingdon.
    Briggs seeks an order from the Board directing the complainant to file an amended complaint naming Abingdon as a
    respondent. Additionally, Briggs again seeks an order from the Board delaying the discovery schedule and ordering
    that one all-encompassing hearing be held.
    In its response, complainant states that while it does not object to the joinder of Abingdon as a party, it does
    not agree with Briggs’ argument that Abingdon is necessary for a complete determination of the controversy.
    As alleged owners of the property at issue, Loren and Michelle West were found by the Board to be
    necessary for a complete determination of the controversy. Abingdon’s involvement in this controversy is quite
    different. Nevertheless, if Briggs wishes to include Abingdon in a third-party complaint it is hereby granted leave to
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    do so. If a third party complaint is to be filed, Briggs must do so within 21 days from the date of this order. The
    Board denies Briggs’ request that the complainant be ordered to name Abingdon in an amended complaint.
    The Board will not address Briggs’ request for a change in the discovery and hearing schedule. Rather, the
    Board refers these procedural matters to the hearing officer for a determination as to whether a revision to the
    schedules already in place is appropriate.
    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 21st day of September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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