ILLINOIS POLLUTION CONTROL BOARD
    August
    30,
    1990
    VILLAGE OF MATTESON,
    an Illinois Municipal
    Corporation,
    Complainant,
    v.
    )
    PCB 90—146
    (Enforcement)
    WORLD MUSIC THEATRE;
    JAM
    )
    PRODUCTION,
    LTD; DISCOVERY
    )
    SOUTH GROUP, LTD; and GIERCZYK
    DEVELOPMENT,
    INC.
    )
    Respondents.
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    This complaint was filed by the Village on August
    2,
    1990,
    and essentially alleges
    that sound generated during concerts at
    the World Music Theatre constitutes a noise nuisance
    in violation
    of Sections 23,
    24, and
    25 of the Act.
    Pursuant
    to Section
    31(b)
    of the Act, when a complaint
    is filed by any person other than
    the Illinois Environmental Protection Agency,
    the Board must
    determine whether the complaint
    is “duplicitous
    or frivolous’
    before scheduling
    a hearing on the matter.
    On August
    20,
    1990,
    pursuant
    to the Board’s procedures
    for
    such complaints, Jam Productions,
    Ltd.
    and Discovery South Group,
    Ltd.
    filed
    a motion
    to dismiss, supported by affidavit, which
    essentially alleges
    that the complaint
    is
    “unfounded and
    frivolous” because
    1)
    noise readings taken on certain dates did
    not show violation of the Board’s numerical noise regulations and
    2) on two occasions
    no sounds could
    •be heard
    in the Woodfield
    Subdivision.
    Respondent’s motion does not speak
    to ~:hether the
    action is “duplicitous”
    i.e., currently being pursued
    in another
    forum.
    The Board finds that
    this complaint
    is not duplicitous or
    frivolous within the meaning of Section 31(b).
    The information
    presented by respondents does
    not,
    at
    this time,
    persuade the
    Board that
    the requested
    relief
    is beyond the Board’s authority
    to grant;
    even assuming the truth of
    respondents verified
    assertions,
    the Board has authority to
    require abatement of
    a
    noise nuisance
    if, after submission of proofs
    at hearing,
    the
    Village proves such has occurred.
    This
    matter is accepted for hearing.
    A Hearing Officer will
    be appointed who will contact the parties
    to schedule further
    proceedings.
    Finally, today’s ruling does not preclude the
    parties from filing any further appropriate motions.
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    3072
    day of
    ________________,
    1990,
    by a vote of
    ~
    ~7.
    ~
    /i~.
    Dorothy M. Gy4~n,Clerk
    Illinois Pol~utionControl Board
    ~
    ~
    4

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