ILLINOIS POLLUTION CONTROL
    BOARD
    April 6,
    1995
    DON CARSON STEINHEIMER and
    )
    RAY
    DARROW STEINHEIMER AS
    CO-EXECUTORS OF
    THE
    ESTATE
    )
    OF IRENE D.
    STEINHEIMER,
    deceased,
    Complainants,
    )
    PCB 95-51
    (Enforcement
    -
    UST)
    V.
    )
    GTE NORTH,
    INC.,
    )
    a Wisconsin Corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter is before the Board on a complaint filed on
    February 10,
    1995 by Don Carson Steinheimer and Ray Darrow
    Steinheimer as Co—Executors of the Estate of Irene D.
    Steinheimer, deceased, against GTE North,
    Inc.
    (GTE).
    The
    complaint alleges that GTE has violated Sections 12,
    21 and
    18(a)(2) of the Environmental Protection Act (415 ILCS 5/12,
    21,
    18(a) (2)
    (1992)), and Section 620.405 of the Board’s Groundwater
    Regulations
    (35 Ill. Adm. Code 620.405), as a result of GTE’s
    storage, disposal, and handling of petroleum products and waste
    materials.
    The complaint also requests the Board set a date for
    hearing.
    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.
    (Brancile v. Ro~p,PCB 85—68,
    64 PCB 263
    (1985).)
    An
    action before the Board is frivolous if it fails to state a cause
    2
    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,
    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 Board will assign a
    hearing officer to conduct hearings consistent with this order
    and 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
    Boards hereby certify that the above order was adopted on the
    ~~-‘
    day of
    _______________,
    1995,
    by a vote of
    7-°
    Dorothy M,/7Gunn, Clerk
    Illinois ~,bllutionControl Board

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