ILLINOIS POLLUTION CONTROL BOARD
    December 21, 2006
    GRAND PIER CENTER L.L.C., and
    AMERICAN INTERNATIONAL
    SPECIALTY LINES INSURANCE CO., as
    subrogee of Grand Pier Center L.L.C.,
    Complainants,
    v.
    RIVER EAST LLC, CHICAGO DOCK AND
    CANAL TRUST, CHICAGO DOCK AND
    CANAL COMPANY, and TRONOX L.L.C.,
    Respondents.
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    PCB 05-157
    (Citizens Enforcement - Land)
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    TRONOX L.L.C.,
    Counter-Complainants,
    v.
    GRAND PIER CENTER L.L.C., and
    AMERICAN INTERNATIONAL
    SPECIALTY LINES INSURANCE CO., as
    subrogee of Grand Pier Center L.L.C.,
    Counter-Respondents.
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    PCB 05-157
    (Citizens Enforcement - Land)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 8, 2006, Grand Pier Center LLC and American International Specialty
    Lines Insurance Company (Grand Pier) filed a motion seeking an entry of a default judgment
    against respondents River East LLC (River East) and Chicago Dock and Canal Trust (Chicago
    Trust). The Board has not received a response from either respondent River East or Chicago
    Trust at this time.
    Grand Pier argues for an entry of default because River East and Chicago Trust have
    failed to appear at a November 2, 2006 hearing officer ordered status conference. Mot. at 2.
    Grand Pier argues that River East and Chicago Trust have ignored hearing officer orders and
    failed to secure representation.
    Id
    . Grand Pier asserts that despite “extraordinary efforts to
    procure an appearance” by the hearing officer there has been no response from River East and
    Chicago Trust. Grand Pier maintains that the Board’s procedural rules provide that failure of a
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    party to appear or proceed as ordered by the Board or hearing officer will constitute a default.
    Mot. at 2, citing 35 Ill. Adm. Code 101.608.
    The Board agrees with Grand Pier that the Board may enter a default judgment under the
    Board’s rules. However, in a September 20, 2006 hearing officer order, the hearing officer
    ordered service of all the pleadings in this case on 15 individual respondents who are River East
    and Chicago Trust. Since that order, the respondents have missed only one status call. Given the
    potential liability for respondents in this case, the Board is reluctant to enter a default judgment
    against River East and Chicago Trust at this time. Rather, the Board will give respondents, River
    East and Chicago Trust an additional opportunity to respond to the complaint. The Board will
    give respondents River East and Chicago Trust until January 22, 2007, to either contact the
    hearing officer or enter an appearance in this proceeding. If respondents River East and Chicago
    Trust fail to respond to today’s Board order, the Board will have no choice but to rule in favor of
    Grand Pier on the motion for an entry of default judgment.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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