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

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