ILLINOIS POLLUTION CONTROL BOARD
    October 6, 1994
    RODNEY B. NELSON, M.D.,
    )
    )
    Complainant,
    PCB 94—244
    v.
    )
    (Enforcement)
    KANE
    COUNTY FOREST PRESERVE,
    )
    BRADLEY SAUER, CHAIRMAN,
    )
    KANE
    COUNTY BOARD, WARREN
    )
    KAMMERER, CHAIRMAN,
    )
    Respondent.
    ORDER OF THE BOARD (by E. Dunham):
    This matter is before the Board on a complaint filed on
    September 6, 1994, by Rodney B. Nelson III, M.D. against Kane
    County Forest Preserve, Bradley Sauer, Chairman and Kane County
    Board, Warren Kaii~merer, Chairman. The complaint alleges that the
    Kane County Forest Preserve and Kane County Board have violated
    Section 12 of the Environmental Protection Act (415 ILCS 5/12
    (1992) in the operation of Settlers’ Hill Golf Course (previously
    Midway Landfill) and Settlers’ Hill Landfill.
    Section 103.124(a) of the Board’s procedural rules, which
    implements Section 31(b) of the Environmental Protection Act (415
    ILCS 5/31(b)), 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. If the Board rules 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. 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
    forum. (Brandle v. Ropi, 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).)
    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
    2
    Board cannot grant the relief requested. At this time,
    therefore, the Board finds that, pursuant to Section 103.124(a),
    the complaint is neither duplicitous nor frivolous. Accordingly,
    this matter shall proceed to hearing.
    The hearing must be scheduled and completed in a timely
    manner, consistent with Board practices. The Board will assign a
    hearing officer to conduct hearings consistent with this order
    and the Clerk of the Board shall promptly issue appropriate
    directions to the assigned hearing officer consistent with this
    order.
    The assigned hearing officer shall inform the Clerk of the
    Board of the time and location of the hea.ring at least 40 days in
    advance of hearing so that publi.c 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 five days of the hearing.
    The hearing officer and the parties are encouraged to expedite
    this proceeding as much as possible.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that th~aboveorder was adopted on the
    ~
    day of
    ,
    1994,
    by a vote of
    ~‘
    —()
    Illinois Pol
    Control Board

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