ILLINOIS POLLUTION CONTROL BOARD
    February
    1,
    1996
    KEITH
    F.
    BOYER,
    )
    )
    Complainant,
    )
    PCB 96-151
    )
    (Enforcement
    -
    Citizens)
    v.
    )
    )
    FELECIA
    HARRIS,
    aka FELECIA
    )
    DAWKJNS,
    and
    CHICAGOLAND
    )
    MORTGAGE CORPORATION,
    )
    Respondents.
    ORDER OF
    THE
    BOARD (by M. McFawn):
    This matter is before the Board on a complaint filed January 2,
    1996 by Keith F. Boyer
    against
    FeleciaHarris, aka Fclccia Dawkins,
    and
    Chicagoland Mortgage Corporation, regarding
    the property located at 9150
    S.
    Avalon, Chicago (the site).
    The complaint alleges that
    respondents violated Section 21(a),
    21(e), and 21(m) ofthe Environmental Protection Act
    (415
    ILCS
    5/21(a~,
    (eJ, and (m)), by abandoning hazardous and non-hazardous waste
    at
    the site, and
    transferring their interest in the property without informing the buyer ofthese conditions.
    Specifically, the complaint alleges that the site is contaminated by paint which has caused high
    concentrations oflead to exist at the site, and that the site is littered with whitegoods.
    Section
    103.124(a) ofthe Board’sprocedural rules, which implements Section 31(b) ofthe
    Environmental Protection Act (415 ILCS 5/31(b)), provides:
    If a complaint is filed by a person otherthan 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.
    Ifthe Board rules that the
    complaint is duplicitous or frivolous, it shall enter
    art
    order setting forth its reasons for so
    ruling
    and shall noti& the parties ofits decision.
    If the Board rules that the complaint is
    not duplicitous orfrivolous, this does not preclude the filing ofmotions regarding the
    insufficiency ofthe pleadings.
    (35 III.
    Adm. Code
    103.124.)
    An action before theBoard is duplicitous if thematter 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 failsto state a cause ofaction upon which relief
    can
    be granted
    by the Board (Citizens for a Better Environment
    ‘~r~
    Reynolds Metals Co., PCB 73-173,
    8 PCB
    46
    (1973)).
    2
    There is no evidence beforethe Board to indicate this matter is identical or substantially
    similar to any matter brought in another forum, nor is there any evidence that theBoard cannot
    grant
    the relief requested.
    At this time, therefore,
    the Board finds that,
    pursuant to Section
    103.124(a),
    the complaint is neither duplicitous nor frivolous.
    Accordingly, this matter shall
    proceed to hearing.
    The hearing must be scheduled and completed in a timely manner, consistent with Board
    practices.
    The ChiefHearing Officer shall assign a hearing officer to conduct hearings.
    The Clerk
    ofthe Board shall promptly issue appropriate directions to the assigned hearing officer consistent
    with this order.
    The assigned hearing officer shall informthe Clerk ofthe Board ofthe time and location
    ofthe hearing at least 40 days in advance of
    hearing
    so that
    public notice ofhearing may be
    published.
    After hearing, the hearing officer shall
    submit an exhibit list, a statement regarding
    credibility ofwitnesses 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, DorothyM.
    Gunn, Clerk ofthe IllinoisJ?pllution Control Board, hereby certify that the
    above order was adopted on the jA~ day of
    ,
    1996, by a vote of
    1—o
    Dorothy M. Gufl Clerk
    Illinois Pollutic4~fontrol
    Board

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