ILLINOIS POLLUTION CONTROL BOARD
    October 19, 2000
    RICHARD G. COTTERMAN,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB 01-54
    )
    (Enforcement - Noise, Air, Citizens)
    JACKSON FARMS,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On September 20, 2000, Richard G. Cotterman filed a complaint against respondents,
    Jackson Farms and the City of Virden, concerning the Jackson Farms trucking facility in Virden,
    Illinois. The complaint alleges Jackson Farms and the City of Virden violated the Environmental
    Protection Act (Act) and Board regulations regarding air and noise pollution. This matter is
    before the Board pursuant to 35 Ill. Adm. Code 103.124. Under this section, enforcement cases
    filed by citizens are placed on the Board’s agenda to determine whether the case is frivolous or
    duplicitous.
    COMPLAINT AGAINST JACKSON FARMS IS NOT DUPLICITIOUS OR FRIVOLOUS
    A complaint is frivolous if the Board cannot grant the requested relief, or fails to state a
    cause of action for which the Board can grant relief. Colony of Longmeadow HOA v.
    Dominick’s (January 6, 2000), PCB 00-92, slip op. at 1; People v. State Oil (August 19, 1999),
    PCB 97-103, slip op. at 3. The complaint alleges air pollution and noise pollution in violation
    of sections 9(a) and 24 of the Act and Section 900.102 of the Board’s regulations. See 415
    ILCS 5/9(a) and 24 (1998); 35 Ill. Adm. Code 900.102.
    The complaint is not frivolous in alleging respondent, Jackson Farms, caused air
    pollution in violation of Section 9(a) of the Act, which states:
    No person shall . . . cause or threaten or allow the discharge or emission of any
    contaminant into the environment in any State so as to cause or tend to cause air
    pollution in Illinois . . . . 415 ILCS 5/9(a) (1998).
    The Act defines air pollution as “the presence in the atmosphere of one or more contaminants in
    sufficient quantities and of such characteristics and duration as to . . . unreasonably interfere with
    the enjoyment of life or property.” 415 ILCS 5/3.02 (1998). The complaint alleges truck traffic
    from Jackson Farms’ business generates diesel fumes and dust from a crushed rock yard and the
    road. Comp. at par. 6 and 7.
    1
    Allegations of ongoing traffic producing diesel fumes and dust
    1
    The complaint will be cited as “Comp. at __”.
    2
    from respondent’s business demonstrate that these activities could possibly cause or tend to
    cause air pollution as defined by the Act. Accordingly, the Board finds that the complaint states
    a cause of action against Jackson Farms for which the Board can grant relief.
    The complaint also alleges noise pollution in violation of Section 24 of the Act and
    Section 900.102 of the Board’s regulations. Section 24 provides:
    No person shall emit beyond the boundaries of his property any noise that
    unreasonably interferes with the enjoyment of life or with any lawful business or
    activity, so as to violate any regulation or standard adopted by the Board under
    this Act. 415 ILCS 5/24 (1998).
    Section 900.102 of the Board’s regulations prohibits someone from causing or allowing
    noise pollution, such as noise that unreasonably interferes with the enjoyment of another’s life or
    property. 35 Ill. Adm. Code 900.102; see also 415 ILCS 5/3.02 (1998).
    Sections 901.102(a) and (b) of the Board’s regulations prohibit sound emissions above
    regulatory limits during daytime or nighttime hours from a source on Class A, B or C land to any
    receiving Class A land. 35 Ill. Adm. Code 901.102(a) and (b). The complaint alleges that noise
    from air impact tools, grinders, hammering, and the constant noise generated by refrigeration
    units, occurs during the day and nighttime. In fact, the complaint alleges Jackson Farms operates
    24 hours a day, seven days per week. Comp. at par. 6 and 7. The noise from respondent Jackson
    Farm’s site could possibly exceed the maximum levels of sound permitted by 35 Ill. Adm. Code
    901.102(a) and (b) of the Board’s regulations. Since the Board can grant relief for such alleged
    violations the noise pollution allegations are not frivolous.
    An action before the Board is duplicitous if the matter is identical or substantially similar
    to one brought in this or another forum. Colony of Longmeadow HOA v. Dominick’s (January 6,
    2000), PCB 00-92, slip op. at 1. Neither party has identified any other actions, identical or
    substantially similar to this pending in this or another forum. Respondents did not alert us to any
    other action. Based on the information before us and our own independent search of our
    database, the Board finds this action is not duplicitous.
    COMPLAINT AGAINST CITY OF VIRDEN IS FRIVOLOUS
    The complaint neither demonstrates that respondent, the City of Virden violated the Act
    or Board regulations, nor requests relief that the Board can grant against the City of Virden for
    their decision not to enforce certain state or local laws. The complainant does not allege any
    facts that show the City of Virden caused noise or air pollution independently or in conjunction
    with Jackson Farms. The complaint solely requests that the City of Virden should be instructed
    to follow an unnamed judgment and enforce laws concerning Jackson Farms. “The Board is not
    empowered under the Environmental Protection Act to require that an entity enforce the noise
    pollution regulations of the State of Illinois.” Turner v. Chicago Title & Trust Company, PCB
    91-146 (February 27, 1992), slip op. at 16-17. In Turner, the Board ordered the owner of
    property to cease and desist from allowing noise emissions in violation of Board regulations.
    The respondent owned property where fraternity houses were built. The noise from the fraternity
    3
    houses, including loud music and screaming, constituted noise pollution under Section 24 of the
    Act and 35 Ill. Adm. Code 900.102.
    Id.
    at 17.
    The complainant in Turner separately requested the Board to serve a mandate upon the
    city manager, the police chief and all of their agents to enforce the noise pollution laws of the
    State of Illinois.
    Id.
    at 16-17. The Board found that it could not require an entity to enforce
    Board regulations.
    Id.
    Similarly, in the case at hand, the complainant requested the Board to
    order the City of Virden to enforce air and noise pollution laws concerning Jackson Farms.
    Since the Board cannot grant the relief requested by the complainant against the City of Virden,
    the Board dismisses the City from this case.
    In summary, the Board finds that the complaint as to Jackson Farms is neither duplicitous
    nor frivolous, and accepts the case for hearing. However, the Board dismisses respondent City
    of Virden from this matter. The caption of this order and all future orders should reflect this
    change.
    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 19th day of October 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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