ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
    MATE TECHNOLOGIES, INC.,
    Complainant,
    v.
    F.I.C. AMERICA CORPORATION,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 04-75
    (Citizens Enforcement - Land)
    ORDER OF THE BOARD (by T.E. Johnson):
    On December 4, 2003, the Board issued an order in this matter directing Mate
    Technologies, Inc. (Mate) to file proof of service of the complaint within 14 days of the date of
    this order or have their complaint subject to
    dismissal. The Board reserved ruling on whether or
    not to accept the complaint for hearing until the proof of service was filed. Mate filed the
    requisite proof of service on December 17, 2003.
    The complaint at issue was filed on October 24, 2003, against F.I.C. America
    Corporation (FIC).
    See
    415 ILCS 5/31(d) (2000); 35 Ill. Adm. Code 103.204. Mate alleges that
    FIC violated Sections 9(a), 12(a), and 21(e) of the Environmental Protection Act (Act) (415
    ILCS 5/9(a), 12(a) and 21(e) (2002)) as well as 35 Ill. Adm. Code 703.121(a), 722.111,
    739.122(a), 739.181 and 815.201. Mate further alleges that FIC violated these provisions by
    failing to contain or control the oil disseminated from its operations and allowing the release of
    oil through windows, doors and other openings in the building and via storm sewers on the
    property. The complaint concerns property located at 4750 Rohlwing Road, Itasca, Cook
    County.
    Section 31(d) of the 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). FIC 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) (2000); 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
    2
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 22, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top