ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1993
    DECATUR AUTO AUCTION,
    )
    )
    Complainant,
    )
    V.
    )
    PCB 93—192
    (Enforcement)
    )
    MACON COUNTY FARM BUREAU,
    INC.,
    )
    An
    Illinois Corporation, MACON
    )
    COUNTY FAIR ASSOCIATION, and
    )
    MACON COUNTY HORSEMAN’S
    )
    ASSOCIATION,
    Respondents.
    ORDER OF THE BOARD (by M. Nardulli):
    On October 14, 1993, Decatur Auto Auction (Decatur Auto)
    filed a complaint against Macon County Farm Bureau, Macon County
    Fair Association and Macon County Horseman’s Association (Macon)
    alleging that Macon emits dust in violation of Section 9 of the
    Environmental Protection Act (Act) and 35 Ill. Adm. Code 212.301
    of the Board’s regulations.
    Section 31(b) of the Act states that when a citizen’s
    enforcement complaint is
    filed:
    Unless the Board determines that such complaint is
    duplicitous or frivolous, it shall schedule a hearing.
    415 ILCS 5/31(b) (1992)
    Also, the Board regulations in part provide:
    If a complaint is filed by a person other than 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 Iii. Adni. Code 103.124
    An action before the Board is duplicitous if the matter is
    identical or substantially similar to one brought before~the
    Board or in another forum. (Fore v. Midstate Kart Club (October
    7, 1993). PCB 93-171; Mandel v. KulDaka PCB 92—33 (August 26,
    1993); See also, In re Duolicitous or Frivolous Determination
    (June 8, 1989), RES 89-2, 100 PCB 53.) Attached to Decatur
    Auto’s petition is a document which appears to be a copy of a
    motion for a temporary restraining order filed in Circuit Court.
    The motion asserts on-going violations of Section 9 of the Act
    and 35 Ill. Adm. Code 212.301. Likewise, the petition before the
    Board concerns “continuing” discharges in violation of Section 9
    of the Act and 35 Ill. Adm. Code 212.301.’ Thus, it appears the
    matter before the Circuit Court and the petition before the Board
    involve substantially similar events, and concern the same period
    of time.
    Where a matter before the Board involves substantially
    similar events and concerns the same period of time as a
    complaint brought before the Circuit Court, the Board may dismiss
    the matter before it as duplicitous. (See, Winnetkans Interested
    in ~rotectin~ the Environment v. IPCB. 55 Ill. Aop. 3d 475. 370
    N.E.2d 1176 (1977~. However, in the instant case there remains
    some uncertainty as to the status of the matter before the
    Circuit Court and to the particulars of the underlying complaint.
    Therefore, the Board directs Decatur Auto to file a document with
    the Board addressing whether this matter is duplicitous. In
    addition, Macon County Farm Bureau, Macon County Fair Association
    and Macon County Horseman’s Association are hereby given leave to
    file a document with the Board addressing whether this matter is
    duplicitous. Any documents filed in response to this order must
    be .received by the Board no later than December 9, 1993.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act, 415 ILCS 5/1
    et. ~g. provides for appeal of final orders of the Board ~within
    35 days. The Rules of the Supreme Court of Illinois establish
    filing requirements.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif hat the above order was adopted .on the
    /~~1 day of _________________________, 1993, b a vote of
    ~
    ~borothy
    M.,4(znn,
    Cle±k
    Illinois P~llutionControl Board
    The Board also notes that Decatur Auto has requested the
    Board to “order and direct (respondents)
    ***
    to pay any and all
    damages to Complainant.” Under Section 42 of the Act, the Board is
    without authority to order one person to pay money damages to
    another person. Penalties ordered by the Board are to be paid into
    the Environmental Protection Trust Fund..

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