ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2001
     
     
    DORIS GLAVE,
     
    Complainant,
     
    v.
     
    BRENT HARRIS, PATTY HARRIS and
    WINDS CHANT KENNEL, INC.,
     
    Respondents.
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    PCB 02-11
    (Citizens Enforcement - Noise)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 26, 2001, Doris Glave (Glave) filed a complaint against Brent Harris, Patty
    Harris, and Winds Chant Kennel, Inc. (respondents).
    See
    415 ILCS 5/31(d) (2000); 35 Ill. Adm.
    Code 103.204. Glave alleges that the respondents violated Section 24 of the Environmental
    Protection Act (Act) (415 ILCS 5/24 (2000)), as well as 35 Ill. Adm. Code 900.102 and 900.104.
    Glave further alleges that the respondents violated these provisions by emitting noise resulting
    from the barking, howling, and whining of dogs housed in respondents’ boarding kennel located
    in Grayslake, Lake County, Illinois. On August 27, 2001, the respondents filed an answer and
    affirmative defenses to the complaint. On September 10, 2001, the complainant filed a response
    to the affirmative defenses.
     
    Section 31(d) of the 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 respondents have filed no such motion. No evidence before
    the Board indicates that Glave’s complaint is duplicitous or frivolous.
     
    The Board accepts the complaint for hearing.
    See
    415 ILCS 5/31(d) (2000); 35 Ill. Adm.
    Code 103.212(a). As noted, the respondents have timely filed an answer and affirmative
    defenses to the complaint. The Board directs the hearing officer to proceed expeditiously to
    hearing.
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    order was adopted on September 20, 2001, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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