ILLINOIS POLLUTION CONTROL BOARD
December 18, 2003
BONITA SAXBURY and RICHARD
SAXBURY,
Complainants,
v.
ARCHER DANIELS MIDLAND
(HULL, ILLINOIS DIVISION),
Respondent.
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PCB 04-79
(Citizens Enforcement - Noise)
ORDER OF THE BOARD (by T.E. Johnson):
On November 6, 2003, Bonita Saxbury and Richard Saxbury (Saxburys) filed a
complaint against Archer Daniels Midland (Hull, Illinois Division) (ADM).
See
415 ILCS
5/31(d) (2000); 35 Ill. Adm. Code 103.204. The Saxburys allege that ADM violated Section 24
of the Environmental Protection Act (Act) (415 ILCS 24 (2002) as well as 35 Ill. Adm. Code
900.102. The Saxburys further allege that ADM violated these provisions by emitting a loud
shrill, high-pitched, constant noise at a grain elevator located in Hull, Pike County.
Section 31(d) of the Environmental Protection Act (415 ILCS 5/31(d) (2002)) allows any
person to file a complaint with the Board. 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). ADM has filed no motion.
There is no evidence before the Board that indicates that the allegations of the complaint are
duplicative or frivolous.
The Board accepts the complaint for hearing.
See
415 ILCS 5/31(d) (2002); 35 Ill. Adm.
Code 103.212(a). A respondent’s failure to file an answer to a complaint within 60 days after
receiving the complaint may have severe consequences. Generally, if respondent fails within
that timeframe to file an answer specifically denying, or asserting insufficient knowledge to form
a belief of, a material allegation in the complaint, the Board will consider respondent to have
admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to
proceed expeditiously to hearing.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on December 18, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board