ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2003
     
     
    TERESA L. SHEPRO, as Executor of the
    Estate of Justice W. Shepro, deceased, and
    FRANK WIEMERSLAGE, as beneficiaries
    under Trust No. 898 of the Chicago Trust
    Company,
     
    Complainants,
     
    v.
     
    NEWBY OIL COMPANY, DAVID E. TRIPP,
    and JANICE L. TRIPP,
     
    Respondents.
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    PCB 04-12
    (Enforcement – Land, Water)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 23, 2003, Teresa L. Shepro and Frank Wiemerslage (complainants) filed a
    complaint against Newby Oil Company, David E. Tripp, and Janice L. Tripp (respondents).
    See
     
    415 ILCS 5/31(d) (2002); 35 Ill. Adm. Code 103.204. The complainants allege that the
    respondents placed 55-gallon drums, above-ground storage tanks and semi-trailers on property
    owned by the complainants on Oakland Drive, DeKalb in Sycamore County that resulted in
    environmental contamination and a concern for safety of the complainants’ soil and
    groundwater.
     
    Newby Oil Company filed a response to the complaint on September 22, 2003, and David
    E. and Janice L. Tripp filed an answer to the complaint on October 1, 2003.
     
    Section 31(d) of the Environmental Protection Act (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 duplicitous or frivolous, it shall schedule a
    hearing.”
    Id.
    ;
    see also
    35 Ill. Adm. Code 103.212(a). A complaint is duplicitous 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.
       
     
    In addition to the requirements of Section 31(d) of the Act, a complaint filed before the
    Board must meet certain requirements pursuant to Board regulations.
    See
    35 Ill. Adm. Code
    103.204(c). Specifically, a complaint must contain a reference to the provision of the Act and
    regulations that the respondents are alleged to be violating. 35 Ill. Adm. Code 103.204(c)(1).
    The instant complaint is deficient in that it contains no references to provisions of the Act or
    associated regulations that respondents allegedly violated. Accordingly, the Board does not
     
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    accept this complaint and directs complainants to amend the complaint to comply with the
    requirements of 35 Ill. Adm. Code 103.204 within 30 days from the date of this order, or the
    Board will dismiss this matter.
     
    The Board has not made a ruling on whether or not the complaint is duplicative or
    frivolous as required by Section 31(d) of the Act. 415 ILCS 5/31(d) (2002). Generally, within
    30 days after being served with a complaint, a respondent may file a motion alleging that the
    complaint is duplicitous or frivolous. 35 Ill. Adm. Code 103.212(b). None of the respondents
    have filed such a motion to date. This time period will re-commence if the complainants serve
    an amended complaint on the respondents.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 16, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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