ILLiNOIS POLLUTION CONTROL BOARD
    March 21, 1996
    DOUGLAS AND BARBARA OLTMAN,
    )
    )
    Complainants,
    )
    )
    PCB96-185
    V.
    )
    (Enforcement
    -
    Air)
    )
    TERRY AND KELLY COWAN,
    )
    )
    Respondents.
    )
    ORDER OF THE BOARD (by G.T. Girard):
    This matter is beforethe Board on a complaint filcd on Fcbruary 29, 1996, by
    complainants against Terry and Kelly Cowan. The complaint alleges that the respondents have
    violated Sections 23 and 24 ofthe Environmental Protection Act and the Board’s regulations at
    35 Ill. Adm. Code 900.102.
    Section 103.124(a) ofthe Board’s procedural rules, which implements Section 31(b) ofthe
    Environmental Protection Act (415 IIICS
    5/31(b)),
    provides:
    Ifa 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 orfrivolous. Ifthe 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 ofits decision. Ifthe Board rules that the complaint is
    not duplicitous or frivolous, this does not preclude the filing ofmotions regarding the
    insufficiency ofthe pleadings. 35 Ill. Adm. Code 103.124.
    An action before the Board is duplicitous ifthe matter is identical or substantially similar
    to one brought in anotherforum. (Brandle v. Ropp, PCB 85-68, 64 PCB 263
    (1985).)
    An action
    before the Board is frivolous if it fails to state a cause ofaction 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.
    The hearing must be scheduled and completed in a timely manner, consistent with Board
    practices. The Board will assign a hearing officerto conduct hearings consistent with this order
    2
    and the Clerk ofthe Board shall promptly issue appropriate directions to the assigned hearing
    officer consistent with this order.
    The assigned hearingofficer shall inform the Clerk ofthe Board ofthe time and location
    ofthe hearing at least 40 days in advance ofhearing so that public notice ofhearing may be
    published. After hearing, the hearingofficer shall submit an exhibit list, a statement regarding
    credibility ofwitnesses and all actual exhibits to the Board within five days ofthe 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 Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the /Okday of/77M.cI/
    ,
    1996, by a vote of
    7O
    .
    Dorothy M. Gj#, Clerk
    Illinois Pollut~Control Board

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