ILLINOIS POLLUTION CONTROL BOARD
    July 12, 2007
    ROBERT HABEEB,
    Complainant,
    v.
    THE COACH HOUSE RESTAURANT,
    Respondent.
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    PCB 07-114
    (Citizens Enforcement - Noise)
    ORDER OF THE BOARD (by T.E. Johnson):
    On May 16, 2007, Robert Habeeb (Habeeb) filed a complaint against The Coach House
    Restaurant (Coach House). The complaint concerns Coach House’s tavern and restaurant
    located at 300 North Roselle Road in Roselle, Cook County. For the reasons below, the Board
    dismisses the complaint as frivolous.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), any person may
    bring an action before the Board to enforce Illinois’ environmental requirements.
    See
    415 ILCS
    5/3.315, 31(d)(1) (2006); 35 Ill. Adm. Code 103. In this case, Habeeb alleges that Coach House
    is violating Sections 9.33 and 9.4 of the Cook County Environmental Control Ordinance by
    emitting loud noise at sound levels exceeding those permissible under that ordinance, resulting in
    a nuisance to the adjoining residential area. Habeeb asks the Board to order Coach House to
    cease and desist the business practices allegedly creating the disturbances. Complaint at 4.
    Section 31(d)(1) of the Act provides that “[u]nless the Board determines that [the]
    complaint is duplicative or frivolous, it shall schedule a hearing.” 415 ILCS 5/31(d)(1) (2006);
    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). Coach House has filed no
    motion.
    No evidence before the Board indicates that Habeeb’s complaint is duplicative. By
    alleging violations solely of the Cook County Environmental Control Ordinance, however, the
    complaint fails to state a cause of action upon which the Board can grant relief and is therefore
    frivolous. In enforcement actions, the Board is generally authorized to hear only alleged
    violations of the Act and regulations adopted under the Act.
    See
    415 ILCS 5/5(d), 31(c)(1),
    (d)(1) (2006). The Board lacks jurisdiction to adjudicate alleged violations of local ordinances
    like the Cook County Environmental Control Ordinance.
    See
    Flagg Creek Water Reclamation
    District v. Village of Hinsdale, PCB 06-141 (June 1, 2006) (“the Board on its own motion finds
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    that the alleged violations of [a local] ordinance are frivolous because they assert claims over
    which the Board lacks jurisdiction and thus request relief that the Board lacks authority to
    grant.”). Accordingly, the Board on its own motion dismisses Habeeb’s complaint as frivolous
    and closes this docket.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 12, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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