ILLINOIS POLLUTION CONTROL BOARD

April 12,

1973

CITIZENS FOR A BETTER ENVIRONMENT,

an Illinois Not—For-Profit Corp.

v.

)

#72—464

)

JOLIET

ARMY

AMMUNITION PLANT,

UNITED

STATES

ARMY

PROCUREMENT

AND

SUPPLY

AGENCY

and

UNIROYAL,

INC.,

Operating

Contractors,

a New York Corp.

ORDER

OF

THE

BOARD

(BY

SAMUEL

T.

LAWTON,

JR.):

Motion

has

been

filed

by

Respondent,

Uniroyal,

Inc.

for

dismissal

and

for

a

stay

of

all

proceedings

asserting

that

the

Board lacks jurisdiction over Uniroyal,

Inc.

in its capacity as

a

government contractor, that the complaint failed to state a cause

of action and that the Board has not obtained jurisdiction over

the United States.

Respondent,

in essence, contends that since

it is under contract with the United States Government,

its acts

are subject to the same immunity that would otherwise be enjoyed

by the sovereign.

Since we have held that the United States

Government

does

not

have immunity in this proceeding, such argument falls by its own

terms.

See Citizens For a Better Environment,

an Illinois Not—

For-Profit C5~j5. v.

Joliet Army Z~mmunitionPlant, United States

Army Procurement and Supply Agency and Uniroyal,

Inc.,

#72-464,

We find the complaint to be adequate and further find that

irrespective of jurisdiction over the United

States

Government,

a

cause of action has been asserted against Uniroyal,

Inc.

The

motion for dismissal and a stay of all proceedings

is accordingly

denied.

IT

IS

SO

ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Order was adopted on the

/~

~ day of April,

1973, by a vote of _____________to

C

7

—

533