ILLINOIS POLLUTION CONTROL BOARD
    March 6, 1997
    EDMUND and MARY RADKIEWICZ,
    Complainants,
    v.
    CHEVRON PRODUCTS COMPANY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-136
    (Enforcement - Citizens)
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board on the filing of a complaint by Edmund and Mary
    Radkiewicz on February 13, 1997 against respondent Chevron Product Company (Chevron).
    Chevron has not responded to the complaint. This matter is accepted for hearing.
    In the complaint, the Radkiewiczs allege that Gulf Oil violated Section 21(e) of the
    Illinois Environmental Protection Act (415 ILCS 5/21(e) (1994)) by illegally disposing of and
    abandoning wastes consisting of soils contaminated with gasoline, kerosene, and heating oil, at
    an unpermitted facility. Specifically, the Radkiewiczs allege that between 1959 and 1972 Gulf
    Oil allowed gasoline to be released from one or more of its five (5) underground storage tanks,
    which in turn contaminated the soils of the property in violation of Section 21(e). The
    Radkiewiczs purchased the property in January 1974 and subsequently removed all product
    tanks and performed remediation of the contaminated soils. The Radkiwiczs state that
    Chevron acquired the assets and liabilities of Gulf Oil. The Radkiewiczs seek reimbursement
    from Chevron for the costs they incurred in investigating and remediating the gasoline
    contamination, litigation fees, and any other relief the Board deems appropriate.
    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, the Board 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).)
    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
    2
    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.
    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

    Back to top