ILLINOIS POLLUTION CONTROL BOARD
    December 20,
    1995
    SARA
    SCARPINO AND
    )
    MARGARET SCARPINO,
    )
    Complainants,
    V.
    )
    PCB 96—110
    (Enforcement-Noise)
    HENRY PRATT COMPANY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    This matter
    is before the Board on a complaint filed on
    November 27,
    1995.
    The complaint alleges that the respondent has
    violated Sections 23 and 24 of the Environmental Protection Act
    (415 ILCS 5/23 and 24
    (1994).)
    Section 103.124(a)
    of the Board’s procedural rules, which
    implements Section 31(b)
    of the Environmental Protection Act
    (415
    ILCS 5/31(b)),
    provides:
    ...If
    a complaint
    is filed by a person other than the
    Agency,
    the Clerk shall also send a copy to the Agency;
    the Chairman shall place the matter on the Board agenda
    for Board determination whether the complaint is
    duplicitous or frivolous,
    it shall enter
    an order setting
    forth its reasons for so ruling and shall notify the parties
    of its decision.
    If the Board rules that the complaint
    is
    not duplicitous or frivolous,
    this does not preclude the
    filing of motions regarding the insufficiency of the
    pleadings.
    (35 Ill. Adm.
    Code 103.124.)
    An action before the Board is duplicitous
    if the matter is
    identical or substantially similar to one brought in another
    forum.
    (Brandle v. Ropp
    (June 13,
    1985),
    PCB 85—68,
    64 PCB 263.)
    An action before the Board
    is frivolous
    if it fails to state a
    cause of action upon which relief can be granted by the Board.
    (Citizens for a Better Environment v.
    Reynolds Metals Co.
    (May
    17,
    1973), PCB 73-173,
    8 PCB 46.)
    At this time,
    the Board finds
    that, pursuant to Section 103.124(a), the evidence before the
    Board does not indicate that this complaint is either duplicitous
    nor frivolous.
    2
    The hearing must be scheduled and completed in a timely
    manner, consistent with Board practices.
    The Board will assign a
    hearing officer to conduct hearings consistent with this order
    and the Clerk of the Board shall promptly issue appropriate
    directions to the assigned hearing officer consistent with this
    order.
    The assigned hearing officer shall inform the clerk of the
    Board of the time and location of the hearing at least 40 days in
    advance of hearing so that public notice of hearing may be
    published.
    After hearing, the hearing officer shall submit an
    exhibit list,
    a statement regarding credibility of witnesses and
    all actual exhibits to the Board within five days of the hearing.
    The hearing officer and the parties are encouraged to expedite
    this proceeding as much as possible.
    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
    ~~11
    day of
    ,9-~
    ~~~-1995, by a vote of
    7—~c
    J
    ‘~
    ~Dorothy
    M.,~unn,Clerk
    Illinois P~llutionControl Board

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