ILLINOIS POLLUTION CONTROL BOARD
July 24, 1997
ANTONIO D.H. NAM,
Complainant,
v.
KIKON SUH,
Respondent.
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PCB 97-234
(Enforcement - UST, Citizens)
ORDER OF THE BOARD (by G.T. Girard):
This matter comes before the Board on the filing of a citizens enforcement
complaint by Antonio D.H. Nam, owner of a parcel of property located at 5101-17
North Kedzie Avenue, Chicago, Illinois (site), on June 24, 1997. The Board has not
yet received a response from Kikon Suh, owner of the site from 1986 to 1994. This
matter is accepted for hearing.
Complainant alleges that respondent caused the open dumping of waste at the
site by allowing underground storage tanks to leak gasoline into the soil of the site in
violation of Section 21(a) of the Environmental Protection Act (Act) (415 ILCS 5/21(a)
(1996)). Complainant also alleges that respondent improperly conducted waste storage,
waste treatment or waste disposal operation in violation of 35 Ill. Adm. Code 732.200
of the Board’s regulations and in violation of Section 21(d)(2) of the Act (415 ILCS
5/21(d)(2) (1996)). Complainant requests that the Board order respondent to remediate
the gasoline contaminated soil at the site and requests that the Board order respondent
to reimburse all costs which complainant has incurred due to the alleged contamination
of the site by respondent.
Section 103.124(a) of the Board’s procedural rules which implements Section
31(b) of the Act (415 ILCS 5/31(b) (1996)), provides that this matter shall be placed on
the Board agenda for the Board’s determination as to whether or not 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).
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
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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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above order was adopted on the 24
th
day of July 1997, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
