ILLINOIS POLLUTiON CONTROL BOARD
    October
    5,
    1995
    DAVID AND
    SUSI SHELTON,
    )
    )
    Complainants,
    )
    V.
    )
    PCB 96-~3
    (Enforcement—Noise)
    STEVEN
    AND
    NANCY
    CROWN,
    )
    Respondents.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    This matter is before the Board on a complaint filed on
    September 8,
    1995, by David and Susi Shelton against Steven and
    Nancy Crown.
    The complaint alleges that the respondents have
    violated Sections 23 and 24 of the Environmental Protection Act
    and 35 Ill.
    Adm. Code 900.102, 900.102(a), 900.102(b)
    and 901.104
    of the Board’s regulation.
    Section 103.124(a)
    of the Board’s procedural rules, which
    imp1.~m~rit~
    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.
    If the Board rules that the
    complaint is duplicitous or frivolous,
    it shall enter
    an order setting forth its reasons for so ruling and
    shall notify the parties of it~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,
    PCB 85-68,
    64 PCB 263 (1985).)
    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,
    PCB
    73—173,
    8 PCB 46
    (1973).)
    There is no evidence before the Board to indicate this
    matter is identical or substantially similar to any matter
    brought in another forum, nor is there any evidence that the
    Board cannot grant the relief requested.
    At this time,
    therefore, the Board finds that, pursuant to Section 103.124 (a),
    the complaint is neither duplicitous nor frivolous.
    Accordingly,
    this matter shall proceed to hearing.
    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
    orUer.
    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
    ~
    day of
    _______________
    ,
    1995,
    by a vote of
    7i
    Ii
    Control Board

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