ILLINOIS POLLUTION CONTROL BOARD

September 9, 1993

ROBERT MIEHLE,

)

Complainant,

v.

)

PCB 93—150

(Enforcement)

CHICAGO BRIDGE AND

)

IRON COMPANY,

)

Respondent.

ORDER OF THE BOARD (by C. A. Manning):

This matter is before the Board pursuant to a two-count

complaint filed August 18, 1993 by Robert Miehle against Chicago

Bridge and Iron Company, located in Chicago, Cook County,

Illinois. The complaint alleges that respondent violated 415

ILCS 5/21(e) of the Environmental Protection Act (Act) in that

respondent has disposed or abandoned waste at a facility which

does not meet the requirements of the Act, and 35 Ill. Adm. Code

Section 731.160, in that respondent has failed to undertake

corrective action regarding an alleged release of petroleum from

underground storage tanks.

Though the Act does not specifically require the Board to

make an express determination as to whether a complaint is

frivolous or duplicitous, the Board is required to do so pursuant

to Board rule. Section 31(b) of the Act states that when a

citizen’s enforcement complaint is filed:

Unless the Board determines that such complaint is

duplicitous or frivolous, it shall schedule a hearing. 415

ILCS 5/31(b) (1992).

Section 103.124(a) of the Board’s procedural rules 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, it shall enter an order setting forth its reasons

for so ruling and shall notify the parties of its 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

---

2

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. (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 frivolous nor duplicitous. Accordingly,

this matter shall proceed to hearing. A hearing officer will

contact the parties to schedule a hearing date.

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

V~i day of

,

1993, by a vote of

7-c.

I

~

Dorothy N. ,Q,~inn,

~ ~

Clerk

Illinois P6llution Control Board