ILLINOIS POLLUTION CONTROL BOARD
November 1, 2001
ILA M. NEATHERY and DENISE C. FLECK,
Complainants,
v.
GREG and KAREN BOUILLON d/b/a
THIRSTY’S, and TERRILL L. and SARAH E.
LOVING,
Respondents.
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PCB 02-14
(Citizens Enforcement – Noise)
ORDER OF THE BOARD (by T.E. Johnson):
On September 20, 2001, the Board issued an order accepting this case for hearing and
denying respondents Greg and Karen Bouillon d/b/a Thirsty’s motion to dismiss. Due to an
administrative error, the order did not include respondents Terrill L. and Sarah E. Loving
(Lovings). This order reflects the correct caption and determines whether the complaint against
the Lovings is duplicitous or frivolous.
DUPLICITOUS/FRIVOLOUS DETERMINATION
Section 31(d) of the Environmental Protection Act (415 ILCS 5/31(d) (2000)) 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.
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). The Lovings have filed no
motion. No evidence before the Board indicates that the complaint against the Lovings is
duplicitous or frivolous.
CONCLUSION
The Board accepts the complaint for hearing.
See
415 ILCS 5/31(d) (2000); 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 the Lovings fail 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 the Lovings to have
admitted the allegation. 35 Ill. Adm. Code 103.204(d).
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A hearing is currently scheduled for December 4, 2001. The Board directs the hearing
officer to proceed expeditiously to hearing, and to ensure that the Lovings are in receipt of all
orders and pleadings. The hearing officer is also directed to resolve any other issues resulting
from the September 20, 2001 Board order.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 1, 2001, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
