ILLINOIS POLLUTION CONTROL BOARD

September 26,

1991

CARRELL AND

MARY

 BATES,

)

Complainant,

PCB 91—154

)

 (Enforcement)

EDWARD E.

 BRAKE,

 ELLA F.

 BRAKE,

)

EUGENE GALE HEISER d/b/a

HEISER OIL

 & GAS CO.,

and

HEISER OIL

 & GAS CO.

Respondent.

ORDER OF THE BOARD

 (by J.

 C. Marlin):

On

 August

30,

 1991,

 Carrel?

and

 Mary

 Bates

 filed

 this

complaint

 with

the

 Board.

 On September

12,

 1991,

 pursuant

to

Section 31(b)

 of the Environmental Protection Act

 (Ill.

 Rev. Stat.

1990 supp.,

 ch 111 1/2,

 par.

 1031)

and

35

 Ill.

 Adm. Code 103.124

of the Board’s procedural

 rules, the complaint was held for Board

determination

of

 “whether

the

 complaint

is

 duplicitous

or

frivolous’t.

35

 Ill.

 Adm. Code

 103.124.

 At that public meeting,

statements

 were made

 regarding

 the possibility

of

the

 Illinois

Environmental Protection Agency participating in this proceeding.

The Board has received certain correspondence from the Agency

in

response

to

 those

 comments

and

the

 Board

 hereby

 places

 this

correspondence into the record in this proceeding. The Board also

directs

the

 Clerk

to

 serve

the

 parties

 with

a

 copy

of

the

correspondence along with the copy of this Order.

The Board also finds that this complaint is not duplicitous

or frivolous and directs the hearing officer to set this matter for

hearing.

IT IS SO ORDERED.

I,

 Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution

 Control

Board, ~g hereby cert~fythat the above Order was adopt~on the

 day of

 1991,

 by a vote of

~

 ~/,-7

/

Dorothy M. ,~tinn, Clerk

Illinois P~XlutionControl Board

126—327