ILLINOIS POLLUTION CONTROL BOARD
    November 7,
    1991
    RESIDENTS OF CEDARVILLE,
    )
    Complainant,
    PCB 91—194
    V.
    )
    (Enforcement)
    )
    VILLAGE ~F CEDARVILLE,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    On October 18, 1991, this complaint was filed with the Board.
    On October 23,
    1991 the Board received a”Response to and Petition
    to Reject Formal Complaint”,
    filed by the Village
    of Cedarville
    (“Village”).
    The Village
    asks
    that
    the
    Board
    not
    accept
    the
    complaint
    for hearing
    as the
    complaint
    “has been and
    is
    being
    handled between the Illinois Environmental Protection Agency and
    the Village”.
    The Board has long held that a complaint is duplicitous if the
    allegations
    raised
    are
    identical
    or
    substantially
    similar
    to
    matters
    pending
    before
    the
    Board
    or
    if
    the
    complaint
    raised
    allegations identical or substantially similar to those in a suit
    in
    another
    forum.
    Winnetkans
    Interested
    In. Protecting
    the
    Environment v.
    PCB,
    (1977),
    55 Ill.
    App.
    3d 475,
    480,
    370 N.E.2d
    1176,
    1179; Brandle
    V.
    Ropp,
    (June 13, 1985), PCB 85—68,
    64 P.C.B.
    Op.
    263.
    However,
    the
    Board
    has
    also held
    that
    if
    no
    other
    complaint has been filed, the instant complaint is not duplicitous.
    Fredette
    v. Village of Beecher,
    (April
    27,
    1989),
    PCB 89—61,
    98
    P.C.B.
    Op.
    287.
    Therefore,
    the Board will accept this case for
    hearing.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby q~.tify that the above Order was adopted on the
    7~
    day of
    -
    ,
    1991, by a vote of
    ~
    Clerk
    lution Control Board
    1 27—~

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