ILLINOIS POLLUTION CONTROL BOARD
    July 21, 2005
     
     
    GRAND PIER CENTER LLC, and
    AMERICAN INTERNATIONAL
    SPECIALTY LINES INSURANCE CO., as
    subrogee of Grand Pier Center LLC,
     
    Complainants,
     
    v.
     
    RIVER EAST LLC, CHICAGO DOCK AND
    CANAL TRUST, CHICAGO DOCK AND
    CANAL COMPANY, and KERR-MCGEE
    CHEMICAL, LLC,
     
    Respondents.
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    PCB 05-157
    (Citizens Enforcement - Land)
     
    ______________________________________
     
     
      
    KERR-MCGEE CHEMICAL, LLC
     
    Cross-Complainants,
     
    v.
     
    AMERICAN INTERNATIONAL
    SPECIALTY LINES INSURANCE CO., as
    subrogee of Grand Pier Center LLC,
     
    Cross-Respondents.
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    PCB 05-157
    (Citizens Enforcement - Land)
     
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 13, 2005, Kerr-McGee Chemical, LLC (Kerr-McGee) filed a counter-complaint
    against Grand Pier Center, LLC and American International Specialty Lines Insurance Co.
    (complainants). Kerr-McGee alleges that complainants violated Section 21(e) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(e) (2004)). Kerr-McGee alleges that
    complainants violated the Act by removing asphalt, concrete and overburden at the site located at
    200 East Illinois, in Chicago, Cook County.
     
    Section 31(d) of the Act (415 ILCS 5/31(d) (2004)) allows any person to file a complaint
    with the Board. Section 31(d) further provides that “[u]nless the Board determines that such
    complaint is duplicative or frivolous, it shall schedule a hearing.”
    Id.
    ;
    see also
    35 Ill. Adm. Code
    103.212(a). A complaint is duplicitous if it is “identical or substantially similar to one brought
     
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    before the Board or another forum.” 35 Ill. Adm. Code 101.202. A complaint is frivolous if it
    requests “relief that the Board does not have the authority to grant” or “fails to state a cause of
    action upon which the Board can grant relief.”
    Id.
    Within 30 days after being served with a
    complaint, a respondent may file a motion alleging that the complaint is duplicitous or frivolous.
    35 Ill. Adm. Code 103.212(b). Complainants have not filed motion and there is no evidence
    before the Board which indicates that the cross-complaint is duplicative or frivolous.
     
     
    The Board accepts the cross-complaint for hearing.
    See
    415 ILCS 5/31(d) (2004); 35 Ill.
    Adm. Code 103.212(a). On May 19, 2005, the Board accepted the complaint for hearing.
    See
     
    415 ILCS 5/31(d) (2004); 35 Ill. Adm. Code 103.212(a). The Board directs the hearing officer to
    proceed expeditiously to hearing.
     
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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