ILLINOIS POLLUTION CONTROL BOARD
    August 9, 2007
    RANDY GRANT, DONALD GRANT, and
    PATRICIA WALLACE,
    Complainants,
    v.
    CLINE RESOURCE AND DEVELOPMENT
    COMPANY and MACH MINING LLC,
    Respondents.
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    PCB 07-145
    (Citizens Enforcement - Noise)
    ORDER OF THE BOARD (by A.S. Moore):
    On June 20, 2007, Randy Grant, Donald Grant, and Patricia Wallace (collectively,
    petitioners) filed a complaint (Comp.) against Cline Resource and Development Company
    (Cline) and Mach Mining LLC (Mach Mining) (collectively, respondents). See 415 ILCS
    5/31(d) (2006); 35 Ill. Adm. Code 103.204. Petitioners allege that respondents violated Section
    24 of the Environmental Protection Act (Act) (415 ILCS 5/24 (2006)) and Sections 900.102,
    901.102(a), 901.102(b), and 901.106 of the Board’s regulations (35 Ill. Adm. Code 900.102,
    901.102(a), 901.102(b), and 901.106). Petitioners further allege that respondents violated these
    provisions in the operation of a coal mine, coal mine ventilation fan, and heavy equipment at
    Liberty School Road in Johnston City, Williamson County.
    Section 31(d) of the Act allows any person to file a complaint with the Board. 415 ILCS
    5/31(d) (2006). 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 duplicative if it is “identical or substantially similar to one brought
    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 duplicative or frivolous.
    35 Ill. Adm. Code 103.212(b). The Board has not received such a motion from either of the two
    respondents. However, for the reasons stated below, the Board today reserves ruling on whether
    petitioners’ complaint is frivolous or duplicative.
    The Board’s procedural rules provide that “[p]roof of service of initial filings must be
    filed with the Board upon completion of service.” 35 Ill. Adm. Code 101.304(b). The rules
    further provide that “[p]roof of proper service is the responsibility of the party filing and serving
    the document.” 35 Ill. Adm. Code 101.304(d). With the complaint, petitioners filed a form
    certificate indicating that petitioners served Cline and Mach Mining by certified mail on an
    unspecified date. That form certificate directed petitioners to attach a copy of the certified mail
    2
    receipt, if available, or to file that receipt later with the Board’s clerk. To date, the Board has not
    received proof that petitioners have served either respondent with a copy of the complaint.
    Accordingly, the Board directs petitioners to file a certified mail receipt or other proof of
    service of the complaint on the respondents by Monday, September 10, 2007, which is the first
    business day after the 30th day from the date of this order. If petitioners fail to file proof of
    service on or before that date, the Board may dismiss this proceeding.
    See
    35 Ill. Adm. Code
    101.304(d).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 9, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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