ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1996
    EDWARD M. PEARL,
    Complainant,
    v.
    BICOASTAL CORPORATION, SINGER
    CORPORATION, CONTROLS
    CORPORATION OF AMERICA
    EMPLOYEE PROFIT SHARING AND
    RETIREMENT TRUST, and EATON
    CORPORATION,
    Respondents.
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    PCB 96-265
    (Enforcement - Land)
    ORDER OF THE BOARD (by J. Yi):
    This matter is before the Board on a complaint filed June 28, 1996, by Edward M.
    Pearl, against Bicoastal Corporation, Singer Corporation, Controls Corporation of America
    Profit Sharing and Retirement Trust, and Eaton Corporation. The complaint alleges that the
    respondents individually or collectively violated Sections 21(a), 21(d)(2), 21(e), and 21(f)(1) of
    the Environmental Protection Act (Act). (415 ILCS 5/21(a), 5/21(d)(2), 5/21(e) and
    5/21(f)(1).) On August 15, 1996 the Board issued an order directing the complainant to file
    proof of service or an appropriate motion on or before September 1, 1996. On September 5,
    1995 the Board granted an extension of time to file complainant’s proof of service until
    September 27, 1996. On September 26, 1996, complainant filed a motion for an extension of
    time to file proof of service until October 21, 1996 on respondents and proof of service on the
    respondent Eaton Corporation. The Board granted that motion. On October 1, 1996
    complainant filed proof of service of respondents Bicoastal Corporation and Singer
    Corporation. As of the date of this order no proof of service has been filed for respondent
    Controls Corporation of America Employees Profit Sharing and Retirement Trust.
    On October 16, 1996 respondent Bicoastal Corporation formerly known as Singer
    Corporation copied the Board on a letter sent to complainant. The letter indicates that
    Bicoastal Corporation filed a petition for Chapter 11 with the United States Bankruptcy Court,
    Middle District of Florida, Tampa division on November 10, 1989. There is no indication that
    Bicoastal intended the Board to act on this letter. Therefore the Board will not act until
    Bicoastal directs an appropriate motion to the Board.
    In a prior order we stated that this matter would proceed against the respondents in
    which we received proof of service. The complainant has not filed proof of service on
    respondent, Controls Corporation of America Profit Sharing and Retirement Trust as of the
    date of this order. Therefore, we dismiss Controls Corporation of America Profit Sharing and
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    Retirement Trust from this action and all future captions in this case shall not include Controls
    Corporation of America Profit Sharing and Retirement Trust as a respondent.
    Pursuant to Section 31(b) of the Act and the Board's procedural rules, the Board must
    make a determination as to whether the complaint is frivolous or duplicitous, and if the Board
    finds that the complaint is neither frivolous or duplicitous, the Board shall set the matter for
    hearing and assign a hearing officer. (415 ILCS 5/31(b) (1992); 35 Ill. Adm. Code 103.104.)
    We find that in this case, the complaint is neither frivolous or duplicitous. There is no
    allegation nor statement in either the complaint or answer that there is another identical or
    substantially similar matter pending before the Board or in any other forum. (Brandle v.
    Ropp, (June 13, 1985), PCB 85-68, 64 PCB 263; League of Women Voters v. North Shore
    Sanitary Dist., (October 8, 1970) PCB 70-1,1 PCB 35; Winnetkans Interested in Protecting the
    Environment v. Illinois Pollution Control Board, 13 Ill.Dec. 149, 153, 370 N.E.2d 1176 (1st
    Dist. 1977).) As a result the Board directs the assigned hearing officer to proceed to hearing
    in this matter. If the parties believe that this matter should not proceed to hearing they should
    file the appropriate motion before the Board.
    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 _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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