ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    JEFFREY J. WEBB,
    Complainant,
    v.
    CITY OF ANNA,
    Respondent.
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    PCB 97-143
    (Enforcement - Water, Citizens)
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board on the filing of a complaint by Jeffrey J. Webb on
    February 24, 1997 against respondent City of Anna. The City of Anna has not responded to
    the complaint. This matter is accepted for hearing.
    In the complaint, Mr. Webb alleges that the City of Anna violated the Board’s
    regulations at 35 Ill. Adm. Code 307 because twice a month raw sewage backs up within the
    sewer lines and overflows out of the manhole and into a small lake. Mr. Webb alleges that the
    overflows result in fish kills and increased algae, and an overabundance of flies and
    mosquitoes. Mr. Webb requests that the Board order the City of Anna to replace the present
    sewer lines with larger lines to accommodate the additional units now using the lines.
    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
    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
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    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.
    IT IS SO ORDERED.
    Board Member Kathleen 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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