ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1997
    MATTESON WHP PARTNERSHIP,
    )
    an Illinois General Partnership,
    )
    )
    Complainant,
    )
    PCB 97-121
    )
    (Enforcement -Land, Water
    )
    Citizens)
    v.
    )
    )
    JAMES W. MARTIN AND EVA
    )
    D. MARTIN, individually and d/b/a
    )
    MARTIN’S OF MATTESON,
    )
    )
    Respondents.
    )
    ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board on the filing of a complaint by Matteson
    WHP Partnership (complainant) on January 17, 1997 against respondents, James W.
    Martin and Eva D. Martin, individually and d/b/a Martin’s of Matteson. No answer
    has been filed by respondents to date. This matter is accepted for hearing.
    In the complaint, complainant alleges that respondents improperly disposed of
    waste and improperly conducted a hazardous waste-disposal operation in violation of
    Sections 21(e) and 21(f), respectively, of the Environmental Protection Act (Act) (415
    ILCS 5/21(e), (f) (1994)). Complainant also alleges that respondents violated Section
    12(a) of the Act (415 ILCS 5/12(a) (1994)) and Section 620.115 of the Board’s
    groundwater regulations (35 Ill. Adm. Code 620.115) by causing or allowing the
    discharge of tetrachloroethene and trichloroethene into the groundwater. Complainant
    seeks remediation of the contaminated property and removal of all contamination from
    the property, resulting from the disposal of waste and hazardous waste thereon, and
    remediation of the groundwater contamination.
    Section 103.123(a) of the Board’s procedural rules, which implement Section
    31(b) of the Act (415 ILCS 5/31(b) (1994)), provides that the Chairman shall place the
    matter on the Board’s agenda for the Board to determine whether the complaint is
    duplicitous or frivolous. This section further states that if the complaint is duplicitous
    or frivolous, it shall enter an order setting forth its reasons for so ruling and shall notify
    the parties of its decision. If the Board rules that the complaint is not duplicitous or
    frivolous, this does not preclude the filing of motions regarding the insufficiency of the
    pleadings. (35 Ill. Adm. Code 103.124(a).)
    2
    An action before the Board is duplicitous if the matter is identical or
    substantially similar to one brought in another forum. (Brandle v. Ropp (June 13,
    1985, PCB 85-68.) An action before the Board is frivolous if it fails to state a cause of
    action upon which relief can be granted by the Board. (Citizens for a Better
    Environment v. Reynolds Metals Co. (May 17, 1973), PCB 73-173.) At this time, the
    Board finds that, pursuant to Section 103.124(a), the evidence before the Board does
    not indicate that this complaint is either duplicitous or frivolous.
    The hearing must be scheduled and completed in a timely manner consistent
    with Board practices. The Board will assign a hearing officer to conduct hearings
    consistent with this order and Section 103.125 of the Board’s rules (35 Ill. Adm. Code
    103.125). The Clerk of the Board shall promptly issue appropriate directions to that
    assigned hearing officer.
    The assigned hearing officer shall inform the Clerk of the Board of the time and
    location of the hearing at least 21 days in advance of hearing so that public notice of
    hearing may be published. After hearing, the hearing officer shall submit an exhibit
    list, a statement regarding credibility of witnesses, and all actual exhibits to the Board
    within five days of the hearing.
    Any briefing schedule shall provide for final filings as expeditiously as possible.
    If after appropriate consultation with the parties, the parties fail to provide an
    acceptable hearing date or if after an attempt the hearing officer is unable to consult
    with the parties, the hearing officer shall unilaterally set a hearing date. The hearing
    officer and the parties are encouraged to expedite this proceeding as much as possible.
    IT IS SO ORDERED.
    Board Member K. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
    certify that the above order was adopted on the _____ day of ___________, 1997, by a
    vote of ______________.
    _____________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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