ILLINOIS POLLUTION CONTROL BOARD
    August 9, 2007
    GEORGE R. STRUNK,
    Complainant,
    v.
    WILLIAMSON ENERGY, LLC,
    Respondent.
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    PCB 07-135
    (Citizens Enforcement – Air, Noise,
    Water)
    ORDER OF THE BOARD (by A.S. Moore):
    On June 11, 2007, George R. Strunk filed a complaint (Comp.) against Williamson
    Energy, LLC (Williamson Energy). See 415 ILCS 5/31(d) (2006); 35 Ill. Adm. Code 103.204.
    Strunk alleges that Williamson Energy has violated Sections 8, 9(a), 9(b), 9.5(c), 12(a), 12(b),
    12(c), 23, and 24 of the Environmental Protection Act (Act) (415 ILCS 5/8, 9(a), 9(b), 9.5(c),
    12(a), 12(b), 12(c), 23, 24 (2006)) in the operation of a Williamson County coal mining
    operation.
    Section 31(d) of the Act allows any person to file a complaint with the Board. 415 ILCS
    5/31(d) (2006). 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). On July 5, 2007, Williamson Energy filed a motion to dismiss,
    which alleges that the complaint is deficient in various procedural and substantive respects.
    However, for the reasons stated below, the Board today reserves ruling on Williamson Energy’s
    motion to dismiss and on whether Strunk’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). Strunk has filed a form certificate of service
    indicating that the complaint was personally served on Williamson Energy on July 5, 2007.
    Although that form requires that the complainant be sworn, the certificate contains no indication
    that Strunk has sworn to it.
    Accordingly, the Board directs Strunk to file either a sworn certificate of service or other
    proof of service on Williamson Energy by Monday, September 10, 2007, which is the first
    business day after the 30th day from the date of this order. If Strunk fails to file proof of service
    2
    on or before that date, the Board may dismiss this proceeding.
    See
    35 Ill. Adm. Code
    101.304(d).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 9, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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