ILLINOIS POLLUTION CONTROL BOARD
    September 18, 2003
     
     
    PAUL and DONNA FREDRICKSON,
     
    Complainants,
     
    v.
     
    JEFF GRELYAK,
     
    Respondent.
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    PCB 04-19
    (Citizens Enforcement – Noise, Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On August 8, 2003, Mr. Paul and Mrs. Donna Fredrickson (the Fredricksons) filed a
    complaint against Mr. Jeff Grelyak.
    See
    415 ILCS 5/31(d) (2002),
    amended by
    P.A. 93-152, eff.
    July 10, 2003; 35 Ill. Adm. Code 103.204. The Fredricksons allege that Mr. Grelyak violated
    Section 9(a) of the Environmental Protection Act (Act) and Sections 900.102 and 901.102(a) of
    the Board’s noise regulations. 415 ILCS 5/9(a); 35 Ill. Adm. Code 900.102; 901.102(a). The
    Fredricksons further allege that Mr. Grelyak violated these provisions by continually operating
    ATVs and motorcycles on his property, causing noise dust and fumes to travel onto the
    Fredricksons’ property. The complaint concerns Mr. Grelyak’s residence located at 8915 Ferris
    Road in Harvard, McHenry County.
     
    Section 31(d) of the Environmental Protection Act (415 ILCS 5/31(d) (2002),
    amended
    by
    P.A. 93-152, eff. July 10, 2003) 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).
    Mr. Grelyak has filed no motion. No evidence before the Board indicates that the Fredricksons’
    complaint is duplicative or frivolous.
     
    The Board accepts the complaint for hearing.
    See
    415 ILCS 5/31(d) (2002),
    amended by
     
    P.A. 93-152, eff. July 10, 2003; 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 Mr. Grelyak 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 Mr. Grelyak to have admitted the allegation. 35 Ill.
    Adm. Code 103.204(d). The Board directs the hearing officer to proceed expeditiously to
    hearing.
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 18, 2003, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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