ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
    BONITA SAXBURY and RICHARD
    SAXBURY,
    Complainants,
    v.
    ARCHER DANIELS MIDLAND
    (HULL, ILLINOIS DIVISION),
    Respondent.
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    PCB 04-79
    (Citizens Enforcement - Noise)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 6, 2003, Bonita Saxbury and Richard Saxbury (Saxburys) filed a
    complaint against Archer Daniels Midland (Hull, Illinois Division) (ADM).
    See
    415 ILCS
    5/31(d) (2000); 35 Ill. Adm. Code 103.204. The Saxburys allege that ADM violated Section 24
    of the Environmental Protection Act (Act) (415 ILCS 24 (2002) as well as 35 Ill. Adm. Code
    900.102. The Saxburys further allege that ADM violated these provisions by emitting a loud
    shrill, high-pitched, constant noise at a grain elevator located in Hull, Pike County.
    Section 31(d) of the Environmental Protection Act (415 ILCS 5/31(d) (2002)) allows any
    person to file a complaint with the Board. Section 31(d) further provides that “[u]nless the
    Board determines that such complaint is duplicative or frivolous, it shall schedule a hearing.”
    Id.
    ;
    see also
    35 Ill. Adm. Code 103.212(a). A complaint is duplicative if it is “identical or
    substantially similar to one brought before the Board or another forum.” 35 Ill. Adm. Code
    101.202. A complaint is frivolous if it requests “relief that the Board does not have the authority
    to grant” or “fails to state a cause of action upon which the Board can grant relief.”
    Id.
    Within
    30 days after being served with a complaint, a respondent may file a motion alleging that the
    complaint is duplicative or frivolous. 35 Ill. Adm. Code 103.212(b). ADM has filed no motion.
    There is no evidence before the Board that indicates that the allegations of the complaint are
    duplicative or frivolous.
    The Board accepts the complaint for hearing.
    See
    415 ILCS 5/31(d) (2002); 35 Ill. Adm.
    Code 103.212(a). A respondent’s failure to file an answer to a complaint within 60 days after
    receiving the complaint may have severe consequences. Generally, if respondent fails within
    that timeframe to file an answer specifically denying, or asserting insufficient knowledge to form
    a belief of, a material allegation in the complaint, the Board will consider respondent to have
    admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to
    proceed expeditiously to hearing.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 18, 2003, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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