ILLINOIS POLLUTION CONTROL BOARD
    March21, 1996
    ENVIRONMENTAL SITE DEVELOPERS,
    )
    INC.,
    )
    Complainant,
    )
    )
    v.
    )
    PCB 96-180
    )
    (Enforcement
    -
    Citizens)
    WHITE & BREWER TRUCKING, INC.,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by M. McFawn):
    This matter is before the Board on a complaint filed February
    15,
    1996 by Environmenthi
    Site Developers, Inc.
    against White & Brewer Trucking, Inc. (W&BT) regarding its landfill
    facility, located in Montgomery County.
    The complaint alleges that W&BT
    has
    operated the
    landfill in such a manner as to cause or threaten the discharge ofcontaminants into the
    environment in violation of Sections
    12(a), 12(d), 12(f), 21(d)(1), and 21(d)(2) of the
    Environmental Protection Act (Act).
    Section 103.124(a) of the Board’s procedural rules, which implements Section 3 1(b) of
    the Act (415 ILCS 5/31(b)), provides:
    If a complaint is filed by aperson other than the Agency,the Clerk shall also send a
    copy to the Agency; the Chairman shall place the matter on the Board agenda forBoard
    determination whether the complaint is duplicitous or frivolous.
    If the Boardrules 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 its decision.
    Ifthe 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 Boardis duplicitousif 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)).
    2
    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 reliefrequested.
    At this time, therefore, the Board finds that, pursuant to Section
    103.124(a), the complaint is ncithcr duplicitous nor frivolous.
    Accordingly, this matter shall
    proceedto hearing.
    The hearing must be scheduled and completed ina timely manner, consistent with Board
    practices.
    The Chief Hearing Officer shall assign a hearing officer to conduct hearings.
    The
    Clerk of the Board shall promptly issue appropriate directions to the assigned hearing officer
    consistent with
    this
    order.
    The assigned hearing officer shall informthe Clerk of the Board of the time andlocation
    ofthe hearing at least 40 days in advance ofhearing 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 fivc days of thc hcaring.
    The
    hearingofficer andthe parties are encouragedto expedite this proceeding as much as possible.
    IT IS SO ORDERED.
    Chairman Claire A. Manning abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on theo?/°4”dayof 7~7iL4~ct
    ,
    1996, by a vote of
    “—0
    Dorothy M.
    9tØi,
    Clerk
    Illinois Polli4j6n Control Board

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