ILLINOIS POLLUTION CONTROL BOARD
    August 21, 1997
    JAMES R. METZ AND LUCILLE J.
    METZ on their own behalf and that of other
    neighbors similarly situated,
    Complainant,
    v.
    U.S. POSTAL SERVICE,
    Respondent.
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    PCB 98-18
    (Enforcement - Noise)
    ORDER OF THE BOARD (by G.T. Girard):
    This matter is before the Board on a complaint filed on July 18, 1997, by complainants
    against U.S. Postal Service. The complaint alleges that the respondent has violated Sections
    23 and 24 of the Environmental Protection Act and the Board's regulations at 35 Ill. Adm.
    Code 900.102.
    Section 103.124(a) of the Board's procedural rules, which implements Section 31(b) of
    the Environmental Protection Act (415 ILCS 5/31(b)), provides:
    ... If a complaint is filed by a person other than the Agency, the Clerk shall also
    send a copy to the Agency; the Chairman shall place the matter on the Board
    agenda for Board determination whether the complaint is duplicitous or
    frivolous. If the Board rules that the complaint is duplicitous or frivolous, it
    shall enter an order setting forth its reasons for so ruling and shall notify the
    parties of its decision. If the Board rules that the complaint is not duplicitous or
    frivolous, this does not preclude the filing of motions regarding the
    insufficiency of the pleadings. 35 Ill. Adm. Code 103.124.
    An action before the Board is duplicitous if the matter is identical or substantially
    similar to one brought in another forum. (Brandle v. Ropp, PCB 85-68, 64 PCB 263 (1985).)
    An action before the Board is frivolous if it fails to state a cause of action upon which relief
    can be granted by the Board. Citizens for a Better Environment v. Reynolds Metals Co., PCB
    73-173, 8 PCB 46 (1973).
    At this time, the Board finds that, pursuant to Section 103.124(a), the evidence before
    the Board does not indicate that this complaint is either duplicitous nor frivolous.
    Accordingly, this matter shall proceed to hearing.
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    The hearing must be scheduled and completed in a timely manner, consistent with
    Board practices. The Board will assign a hearing officer to conduct hearings consistent with
    this order and the clerk of the Board shall promptly issue appropriate directions to the assigned
    hearing officer consistent with this order.
    The assigned hearing officer shall inform the clerk of the Board of the time and
    location of the hearing at least 30 days in advance of hearing so that public notice of hearing
    may be published. After hearing, the hearing officer shall submit an exhibit list, a statement
    regarding credibility of witnesses and all actual exhibits to the Board within five days of the
    hearing. The hearing officer and the parties are encouraged to expedite this proceeding as
    much as possible.
    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 21st day of August 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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