ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1989
    Vito Zivoli,
    )
    Complainant,
    v.
    )
    PCB 89—205
    (Enfor cement)
    Prospect Dive and Sport
    Shop, Ltd., and Michael S. Ropers,
    Respondents.
    ORDER OF THE BOARD (by J.D. Dumelle):
    This matter comes before the Board upon a Citizen’s
    complaint filed on December 13, 1989. The Board notes that under
    Section 31(b) of the Environmental Protection Act (Act) the Board
    is to make a determination as to whether the complaint is
    “frivolous or duplicitous”. The Board further notes that in its
    formal citizen’s complaint “packages” there exists a form which
    must be included in the service of the complaint upon the
    Respondent. A copy of that form is attached hereto.
    The form provided information for the Respondent regarding
    the “duplicitous or frivolous” issue, namely that the Respondent
    can file a motion stating its belief that the complaint is
    frivolous or duplicitous within two weeks from the date of
    service of the complaint. As this form was not served upon
    Respondent with the complaint, the Board will allc~’Respondent to
    file a motion within two weeks of the date it receives this order
    if it believes that the complaint is frivolous or duplicitous.
    Finally, in addition to the nuisance standard, the Board
    notes that the numerical noise regulations that may apply here
    were adopted by the Board in R72—2, In the Matter of: Noise
    Pollution Control Regulations, Order of July 23, 1973; Opinion of
    July 31, 1973, as Rule 202 and Rule 203. Those Rules provided
    maximum ~.Ilowab1eoctave band sound pressure levels for nine
    octave band center frequencies. These 1973 octave band pressure
    levels were codified at 35 Ill. Adm. Code 901.102. In 1987, the
    Board adopted amendments which provided that the particular
    regulatory standards would be measured based on one-hour Leq
    measurement techniques, See R83—7, In the matter of: General
    Motors Corp. Proposed Amendments to 35 Ill. Adm. Code 900.103 and
    901.104, January 22, 1987.
    106—443
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abc’e Order was adopted on
    th~
    _____________
    day of
    ~-~:
    ,
    1982 by a vote
    of
    —
    .
    7:
    ~/
    L
    Dorothy M. G~ir.n, Clerk
    Illinois Pojjution Control Board
    106
    444
    NOTE: THIS FORM MUST BE INCLUDED
    IN
    THE SERVICE TO RESPONDENT
    INFORMATION FOR RESPONDENT RECEIVING COMPLAINT
    The
    Board will not accept this complaint that has been
    served upon you
    if the
    case
    is
    determined
    to be either
    duplicitous
    or
    frivolous. Duplicitous
    means that a similar case
    is
    pending in another
    court or in
    another
    action before the
    Board.
    The response to
    question
    #10. in the complaint states the
    opinion
    of
    the Complainant(s) on this issue.
    Neither can
    the Board
    accept
    the complaint if the action is
    frivolous...
    Frivolous
    means that the
    requested
    relief is
    beyond
    the Board’s authority to grant.
    For example,
    the Board has the
    authority to order the Respondent(s) to cease
    and
    desist the
    polluting activity and order
    a fine
    after following
    certain
    procedures. The Board does not have the authority for example to
    grant monetary compensation to the Complainant for damage to
    health or property. ~1so, the Board cannot order the polluting
    activity to cease while the case is pending, except under special
    circumstances. The response to question #9 in the complaint
    states the opinion of the Complainant(s) on this issue.
    If you believe this case is duplicitous or frivolous, please
    file a motion with the Board within two weeks from the date of
    service. The motion must state the basis for which the motion is
    made and a concise statement of the relief sought.. Memoranda,
    affidavits, and any other relevant documents should accompany the
    motion. If more time than two weeks is necessary to gather
    supporting evidence, please indicate this within the two weeks
    and state your reasons as well as the amount of additional time
    needed, Upon good cause, the Board may grant an extension at its
    next Board meeting.
    Ten (10) copies of the motion must be filed with the Clerk
    of the Board with proof of service. Service may be done either
    personally or by First Class United States mail, Mail service is
    presumed completed four days after mailing..
    If no response is received by the Board within two weeks,
    the Board, at its discretion, may find that the complaint is not
    duplicitous or frivolous and may accept the case for hearing.
    If you have any questions, please contact the Assistant
    Clerk of the Board, Adaleen Hogan, at (312) 917—3629.

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