ILLINOIS POLLUTION CONTROL
BOARD
April 18, 1974
ENVIRONMENTAL PROTECTION AGENCY
)
COMPLAINANT
)
V.
)
)
CITIZENS UTILITIES COMPANY OF ILLINOIS,
an Illinois corporation,
RESPONDENT
)
PCB 73—316
CITIZENS UTILITIES COMPANY OF ILLINOIS,
)
an Illinois corporation,
RESPONDENT
-
CROSS-COMPLAINANT
)
V.
)
VILLAGE OF BOLINGBROOK,
ILLINOIS,
)
an Illinois Municipal Corporation
)
INTERVENING PETITIONER
-
)
CROSS-RESPONDENT
)
ORDER OF THE BOARD
(by Mr. Marder)
Motion of the Village of Bolingbrook, Intervening Petitioner
-
Cross-Respondent,
to dismiss cross—complaint is hereby granted.
The Board finds that the filing of the cross-complaint was not
timely.
There have already been two hearings on the original action
against Cross—Complainant.
Subject Cross—Complaint raises issues
which may be valid
as a separate complaint.
In the event that such
an independent complaint were to be filed, the Board would initiate
proceedings pursuant to the Procedural Rules.
IT IS THE ORDER of the Pollution Control Board that Cross-Com-
plaint filed by the Citizens Utilities Company is dismissed without
prejudice.
IT
IS
SO
ORDERED.
I, Christan L. Noffett, Clerk of the Illinois Pollution Control
Board, certify that the above Order was adopted by the Board on the
18th day of April, 1974,
by
a vote of
~
to
0
~
12—69