ILLINOIS POLLUTION CONTROL BOARD
    March 26,
    1992
    DALE
    DETTLAFF
    AND
    DEBORAH
    )
    DETTLAFF
    )
    )
    Complainants,
    PCB 92—26
    V.
    )
    (Citizen Enforcement)
    )
    EDWARD
    BOADO
    AND
    EPB
    )
    SERVICES
    INC.,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On February 14, 1992, this complaint was filed with the Board.
    On
    February
    24,
    1992,
    respondents
    filed
    a
    motion
    to
    dismiss
    asserting that the complaint was duplicitous
    and
    frivolous.
    On
    March 9,
    1992,
    complainants filed a response.
    Respondents assert
    that the complaint is frivolous in that it is both factually and
    legally deficient because the complaint fails to allege violations
    for which a defense can be prepared and. because the relief sought
    is beyond the scope of the Board’s authority.
    Respondent asserts
    that the complaint is duplicitous because there is a 1987 Agreed
    Order an~Stipulation entered by the Circuit Court of Lake County
    between respondent and the Village of Lake Zurich, which addresses
    the issue of noise from the respondent’s facility.
    The Board
    finds
    that the complaint is not frivolous.
    The
    complaint clearly sets forth alleged noise infractions which fall
    within the Board’s purview.
    Further, the requested relief is also
    within the Board’s authority, as the Board may order the respondent
    to
    cease
    and desist from all violations.
    (See
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111 1/2, par.
    1033.)
    The Board has previously held that in order for a complaint to
    be duplicitous,
    the alleged violations
    in the instant complaint
    must
    be substantially similar to the alleged violations
    in the
    complaint which is asserted as duplicitous.
    Fredette v. Village of
    Beecher,
    PCB 89—61,
    114 PCB
    7,
    (August
    9,
    1990).
    The Board has
    also held that similar violations occurring at different times are
    not duplicitous.
    Janson v. Pollution Control Board,
    69 Ill.App.3d
    324.
    Therefore,
    based
    on the information currently before
    the
    Board which indicates that the alleged violations
    in the instant
    complaint
    occurred after
    the Agreed
    Order
    and
    Stipulation was
    entered and that the Dettlaffs were not.a party
    to the circuit
    court action, the Board finds this case is not duplicitous.
    This
    case is accepted for hearing.
    13
    1—533
    2
    IT
    IS
    SO
    ORDERED.
    I,
    Dorothy
    M.
    Cunn,
    Clerk of the Illinois Pollution Control
    Board, ~hereby
    certify that the above Order was adopted on the
    ~
    day of
    ~-.-~/--“
    ,
    1992,
    by a vote of
    7—~
    /‘~~
    ~2?\~1
    ~
    ~
    Dorothy
    14. ,~mnn,Clerk
    Illinois P~,TlutionControl Board
    131—534

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