ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
     
    YORK HIGH NEIGHBORHOOD
    COMMITTEE, JANET HODGE, FRED
    HODGE, PATRICIA BENNETT, DAVID
    BENNETT, SHEILA TRANT, MIKE
    TRANT, JOE VOSICKY, JEAN CONROY,
    PETER CONROY, FRANK SOLDANO,
    JOSEPH REAMER, ELIZABETH
    LALIBERTE, and CHARLES LALIBERTE,
     
    Complainants,
     
    v.
     
    ELMHURST PUBLIC SCHOOLS,
    DISTRICT 205,
     
    Respondent.
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    PCB 05-93
    (Citizens Enforcement - Noise)
     
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On November 15, 2004, York High Neighborhood Committee, Janet Hodge, Fred Hodge,
    Patricia Bennett, David Bennett, Sheila Trant, Mike Trant, Joe Vosicky, Jean Conroy, Peter
    Conroy, Frank Soldano, Joseph Reamer, Elizabeth Laliberte, and Charles Laliberte
    (complainants) filed a complaint against Elmhurst Public Schools, District 205 (respondent).
    See
     
    415 ILCS 5/31(d) (2002); 35 Ill. Adm. Code
    l Protection Act (Act) (415 ILCS 4/23 and 24
    nd (b) and 901.106 by the operation of air
    nt’s school, York High School at 355 W. St.
     
    Section 31(d) of the Environmental Protection 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 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). Respondent has not filed a
    motion and there is no evidence before the Board which indicates that the complaint is
    duplicative or frivolous.
     
     
    2
    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 respondent 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 respondent to have
    admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to
    proceed expeditiously to hearing.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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