ILLINOIS POLLUTION CONTROL BOARD
    November 2, 2006
    DALE L. STANHIBEL,
    Complainant,
    v.
    TOM HALAT d/b/a TOM’S VEGETABLE
    MARKET,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 07-17
    (Citizens Enforcement – Air, Noise)
    ORDER OF THE BOARD (by A.S. Moore):
    On September 18, 2006, Dale L. Stanhibel filed a complaint (Comp.) against Tom Halat
    d/b/a Tom’s Vegetable Market.
    See
    415 ILCS 5/31(d) (2004); 35 Ill. Adm. Code 103.204.
    Stanhibel alleges that Halat violated Section 24 of the Environmental Protection Act (Act) (415
    ILCS 5/24 (2004)) and section 900.102 of the Board’s regulations (35 Ill. Adm. Code 900.102).
    Stanhibel further alleges that Halat violated these provisions by firing propane cannons in the
    course of growing and selling vegetables. The complaint concerns Halat’s vegetable market
    facility at 10214 Algonquin Road, Huntley, McHenry County.
    Section 31(d) of the Environmental Protection Act (415 ILCS 5/31(d) (2004)) 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). The Board has not received
    such a motion from Halat. However, for the reasons stated below, the Board today reserves
    ruling on whether Stanhibel’s complaint is frivolous or duplicative.
    The Board’s procedural rules provide that “[p]roof of service of initial filings must be
    filed with the Board upon completion of service.” 35 Ill. Adm. Code 101.304(b). The rules
    further provide that “[p]roof of proper service is the responsibility of the party filing and serving
    the document.” 35 Ill. Adm. Code 101.304(d). With his complaint, Stanhibel filed a certificate
    of service indicating that he had served Halat by certified mail. Comp. at 6. That form
    certificate directs Stanhibel either to attach a copy of the certified mail receipt to the complaint or
    to file that receipt later with the Board’s Clerk.
    See id
    . In spite of this direction, the Board to
    date has received no proof that Stanhibel has served Halat with a copy of the complaint.
    2
    Accordingly, the Board directs Stanhibel to file proof of service of the complaint upon
    Halat by Monday, November 27, 2006, which is the first business day after the 21st day from the
    date of this order. If Stanhibel fails to file proof of service on or before that date, then the Board
    may dismiss this proceeding.
    See
    35 Ill. Adm. Code 101.304(d).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 2, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top