ILLINOIS POLLUTION CONTROL BOARD
    June
    1,
    1995
    OSCAR M.
    COHN,
    Petitioner,
    v.
    )
    PCB 95—144
    (Enforcement—Citizen)
    WESLEY UNITED METHODIST
    )
    CHURCH,
    Respondent.
    ORDER OF THE BOARD
    (by N.
    McFawn):
    This matter
    is before the Board on a complaint filed May 15,
    1995 by Oscar M. Cohn against Wesley United Methodist Church,
    located in McLean County.
    The complaint alleges that air
    conditioning units on respondent’s property emit excessive noise
    which unreasonably interferes with complainant’s enjoyment of
    life,
    in violation of 415 ILCS 5/24 and related regulations 35
    Ill. Adm.
    Code Section
    900.102,
    and 901.102(a)
    and
    (b).
    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)).
    There is no evidence before the Board to indicate this
    matter
    is identical or substantially similar to any matter
    brought in another forum,
    nor is there any evidence that the
    Board cannot grant the relief requested.
    At this time,
    2
    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 Chief Hearing
    Officer shall assign
    a hearing officer to conduct hearings.
    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 40 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 certif
    hat the above order was adopted on the
    /4-V
    day of
    __________________,
    1995,
    by a vote of
    7—O
    4.
    L~
    Dorothy M. Gu~n, Clerk’
    Illinois Pog~1tionControl Board

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