ILLINOIS POLLUTION CONTROL BOARD

November 3, 1988

VILLAGE OF KILDEER,

)

Complainant,

I

v.

)

PCB 88—173

VILLAGE OF LAKE ZURICH,

I

NICHOLS GROVE PROPERTIES,

LIBERTY LAKE PARTNERSHIP,

ESR/ANDEN CORPORATION,

LEXINGTON DEVELOPMENT CO.,

LEXINGTON HOMES, INC.,

Defendants.

ORDER OF THE BOARD (by B. Forcade):

On October 31, 1988, ESR/Anden Corporation and Liberty Lake

Partnership filed a suggestion that complaint is duplicitous or

frivolous. On November 1, 1988, Lexington Development Company

filed a motion and suggestion that complaint is duplicitous or

frivolous. On November 2, 1988, the Village of Lake Zurich filed

a suggestion to the Board on the duplicitous nature of the

Village of Kildeer’s (t1Kildeer”) complaint. On November 2, 1988,

the Village of Kildeer filed its reply.

Kildeer’s complaint claims that on certain dates, and for

certain parameters, the

effluent from Lake Zurich’s wastewater

treatment plant violates state standards. Kildeer seeks an order

that such violations cease, and requests the imposition of civil

penalties as described by statute. None of the motions urge that

the complaint fails to state a cause of action, and none of the

motions urge that this Board lacks statutory authority to hear

such a complaint and grant the requested relief upon a finding of

violation.

At most, the motions raise questions about Kildeer’s motives

in filing this action and describe legal actions between the

parties in other forums not involving claimed violations of

pollution laws. These assertions, even if true, do not justify a

finding that this complaint is frivolous or duplicitous. The

motions cite no pending legal action between the parties

involving claimed violations of the Environmental Protection Act.

Consequently, the Board finds that Kildeer’s complaint is

not frivolous or duplicitous. This matter will be set for

hearing.

93—319

---

—2—

IT IS SO ORDERED

Board Members J. Theodore Meyer and John Marlin dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board5, reby certify th,

above

Order was adopted on

_____________

day of _________________________________________________ 1988, by a vote

of

~‘—~

~

Dorothy M4~Gunn, Clerk

Illinois7Pollution

Control Board

fl3—320