ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2007
    LORETTA THIGPEN,
    Complainant,
    v.
    MORTON MOBILE HOME PARK, LLC,
    d/b/a EDGEWOOD TERRACE MOBILE
    HOME PARK,
    Respondent.
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    PCB 08-12
    (Citizens Enforcement – PWS)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 30, 2007, Loretta Thigpen filed a complaint (Comp.) against Morton Mobile
    Home Park, LLC, an Illinois limited liability company, d/b/a Edgewood Terrace Mobile Home
    Park (Mobile Home Park). See 415 ILCS 5/31(d) (2006); 35 Ill. Adm. Code 103.204. In her 3-
    count complaint, Loretta Thigpen alleges that she resides in Edgewood Terrace Mobile Home
    Park operated by respondent, and receives her drinking water from the public water supply also
    operated there by respondent. Complainant Thigpen alleges that, in 2006-2007, respondent
    Mobile Home Park delivered drinking water containing arsenic in excess of the maximum
    contaminant level, and failed to make required notification of the exceedences in violation of
    Section 18 of the Environmental Protection Act (Act) (415 ILCS 5/18 (2006)) and Sections
    611.121(a), 611.301(b) and 611.903 of the Board’s public water supply regulations. 35 Ill. Adm.
    Code 611.121(a), 611.301(b) and 611.903. Edgewood Terrace Mobile Home Park is located in
    the Village of Morton, Tazewell County.
    Section 31(d)(1) of the Act allows any person to file a complaint with the Board. 415
    ILCS 5/31(d) (1) (2006). Section 31(d) (1) 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 a motion from respondent.
    However, for the reasons stated below, the Board today reserves ruling on whether the 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
    2
    the document.” 35 Ill. Adm. Code 101.304(d). With the complaint, Loretta Thigpen’s attorney
    filed a certificate of service indicating that he sent the complaint by certified mail on July 30,
    2007, to respondent’s registered agent. To date, the Board has not received proof that service
    has been completed.
    Accordingly, the Board directs complainant to file a certified mail receipt or other proof
    of completion of service by Tuesday, October 9, 2007, which is the first business day after the
    30th day from the date of this order. If complainant fails 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 September 6, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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