ILLINOIS POLLUTION CONTROL BOARD
    June 21, 2007
    LAWRENCE REED,
    Complainant,
    v.
    MARK HOWARD,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 07-109
    (Citizens Enforcement - Noise)
    ORDER OF THE BOARD (by N.J. Melas):
    On May 8, 2007, Mr. Lawrence Reed filed a citizens noise complaint (Comp.) against
    Mr. Mark Howard.
    See
    415 ILCS 5/31(d) (2006); 35 Ill. Adm. Code 103.204. Mr. Reed alleges
    that Mr. Howard violated Section 24 of the Environmental Protection Act (Act) (415 ILCS 5/24
    (2006)). Mr. Reed further alleges that Mr. Howard violated these provisions by creating home
    construction and landscaping noise. The complaint concerns Mr. Reed’s property located at 211
    North Winston Drive, Palatine, Cook County.
    Section 31(d)(1) of the Act allows any person to file a complaint with the Board. 415
    ILCS 5/31(d)(1) (2006). Section 31(d)(1) 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 Mr.
    Howard. However, for the reasons stated below, the Board today reserves ruling on whether Mr.
    Reed’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). To date, the Board has not received proof that
    Mr. Reed has served Mr. Howard with a copy of the complaint.
    Accordingly, the Board directs Mr. Reed to file proof of service by July 23, 2007, which
    is the first business day after the 30th day from the date of this order. If Mr. Reed fails to file
    proof of service on or before that date, the Board may dismiss this proceeding.
    See
    35 Ill. Adm.
    Code 101.304(d).
    IT IS SO ORDERED.
    2
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 21, 2007, by a vote of 4-0.
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top