ILLINOIS POLLUTION CONTROL BOARD
    January 11,
    1990
    ROBERT J. AND ALICE JOAN KVATSAK,
    Complainants,
    v.
    )
    PCB 89—182
    (Enforcement)
    ST. MICHAEL’S LUTHERAN CHURCH,
    Respondent.
    ORDER OF THE BOARD
    (by J. Marlin):
    On November
    9,
    1989 Complainants Robert
    J.
    Kvatsak and Alice
    Joan Kvatsak filed their Complaint against
    St. Michael’s Lutheran
    Church alleging noise pollution emanating from Respondent’s
    amplified electronic carillon.
    Thereafter, on December
    21, 1989
    St. Michael’s filed
    its Motion to Dismiss for Want of
    Jurisdiction.
    In addition to alleging the complaint
    is
    frivolous,
    the Motion claimed the Board lacked jurisdiction
    because
    the Complaint failed
    to allege the proper elements of
    a
    public nuisance under the Illinois Environmental Protection
    Act.
    For reasons given below, Respondent’s Motion
    is denied and
    this matter
    is hereby accepted for hearing.
    Respondent claims that the present
    suit
    is frivolous
    in
    nature and should be dismissed.
    However, an examination of the
    instant action reveals that
    the Complainant’s alleged wrongs have
    an arguable basis
    in the Act.
    The parties have attempted
    resolution without success.
    The Board
    finds
    that this
    forum is
    appropriate for resolution of
    this citizen’s complaint.
    Nor
    is
    the Board’s
    jurisdiction defective due
    to the
    artificial pleading requirements Respondent would have us
    impose.
    The Board notes
    that
    this
    is a citizen’s complaint
    filed
    upon the “Formal Complaint”
    form provided by the Clerk of the
    Pollution Control Board and approved
    by the Board’s
    rules.
    The
    forms delineate information required there.
    The pleading nicety
    requested by the Respondent
    is not
    required.
    Therefore,
    St.
    Michael’s Motion
    is denied.
    This matter
    is accepted for hearing.
    The Board will assign
    a Hearing Officer who will contact
    the parties
    in the near
    future.
    IT
    IS SO ORDERED
    107—87
    2
    I,
    Dorothy M. Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify
    ~-~at
    the above Order was adopted on
    the
    //~day of
    ____________________,
    1990,
    by a vote
    of
    7-c’
    •
    Dorothy M. ,9’unn, Clerk
    Illinois P~’llutionControl Board
    107—88

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