ILLINOIS POLLUTION CONTROL BOARD
October 24,
1991
JOHN PLOSILA,
)
Complainant,
v.
)
PCB 91—172
(Enforcement)
BANDITO BARNEY’S,
FIRST
)
AMERICAN BANK (Wallace
)
Wolff) under TRUST NO.
89-
)
008, and THOM P. McNAMEE
)
)
Respondent
ORDER OF THE BOARD
(by J.
C. Marlin):
This matter comes before the Board on the September 26,
1991
motion to dismiss filed by the respondent, Thom P. McNamee.
In
support of the motion, respondent states that the complaint is
duplicitous because the “same alleged misconduct” is the basis
for a criminal complaint filed in the 16th Judicial Circuit, Kane
County,
Illinois.
The complainant did not file a response.
A complaint is duplicitous when a similar case is pending in
another court or in another action before the Board.
Although
the alleged wrongdoings which form the basis for the court and
the Board action are similar in nature,
the statut~allegedly
violated and the relief requested are completely different.
In
addition, the criminal complaint appears to be for a violation
occurring on a specific date while the formal complaint before
the Board is for an ongoing violation.
The motion to dismiss is
denied.
This matter is accepted for hearing.
IT IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Boar~,hereby certify t
t
he above Order was adopted on the
~
day of
________________,
1991, by a vote of
7~c
Dorothy M./’ç~unn, Cletk
Illinois I~1lutionControl Board
126—613