ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    MARILYN J. RICHEY,
    Complainant,
    v.
    TEXACO REFINING AND MARKETING,
    INC.,
    Respondent.
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    PCB 97-148
    (Enforcement - Citizens)
    ORDER OF THE BOARD (by G. T. Girard):
    This matter comes before the Board on the filing of a complaint by Marilyn J. Richey
    on March 3, 1997 against respondent, Texaco Refining and Marketing, Inc. (Texaco). Texaco
    has not responded to the complaint. This matter is accepted for hearing.
    In the complaint, Ms. Richey alleges that Texaco violated the Sections 22.12, 22.13,
    22.18 and Title XVI of the Environmental Protection Act (Act) (415 ILCS 5/22.12, 22.13,
    22.18 and 57
    et seq
    .) by allowing gasoline seepage from underground storage tanks resulting
    in contaminated soil. Ms. Richey claims to have removed over 2,000 cubic yards of
    contaminated soil and asks the Board to direct Texaco to reimburse her.
    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.
    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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