ILLINOIS POLLUTION CONTROL BOARD
December 14, 1994
BILLY
TURNER AND MARILYN TURNER,)
)
Complainants,
)
v.
)
PCB 94—329
)
(Enforcement)
GOLDEN CAT CORPORATION,
)
)
Respondent.
ORDER OF THE BOARD (by G. P. Girard):
This matter is before the Board on a complaint filed on
November 18, 1994, by Billy and Marilyn Turner, against Golden
Cat Corporation. The complaint alleges that the respondent has
violated Section 24 of the Environmental Protection Act (415 ILCS
5/24 (1992) and 35 Ill. Adiu Code 900.102 in the operation of its
facility located on Mill Road, Olmsted, Illinois.
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. Roi~,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,
therefore, the Board finds that, pursuant to Sec~tion 103
.
124 (a),
the complaint is neither duplicitous nor frivolous. Accordingly,
this matter shall proceed to hearing.
2
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.
Chairman Claire A. Manning concurred.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
____
day of a~~&~-k_’
,
1994, by a vote of ~
—o
Control Board