ILLINOIS POLLUTION CONTROL BOARD
May 7, 2009
ELMHURST MEMORIAL HEALTHCARE
and ELMHURST MEMORIAL HOSPITAL,
Complainants,
v.
CHEVRON U.S.A., INC.,
Respondent.
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PCB 09-66
(Citizens Enforcement - Land)
ORDER OF THE BOARD (by G.L. Blankenship):
On March 6, 2009, Elmhurst Memorial Healthcare and Elmhurst Memorial Hospital
(Elmhurst) filed a complaint against Chevron U.S.A, Inc. (Chevron).
See
415 ILCS 5/31(d)
(2006); 35 Ill. Adm. Code 103.204. Elmhurst alleges that Chevron violated Sections 12(a) and
12(e) of the Illinois Environmental Protection Act (Act). Elmhurst further alleges that Chevron
violated these provisions by causing or allowing the open dumping of gas station waste from a
leaking underground storage tank, and by disposing, storing, and abandoning said waste at a
facility that did not meet the Act. The complaint concerns Elmhurst’s remediation of a property
that Chevron formerly owned and operated as a gas filling station located at 701 South Main
Street, Lombard, DuPage County.
Section 31(d) of the Environmental Protection Act (415 ILCS 5/31(d) (2006)) 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). Chevron has filed no
motion. No evidence before the Board indicates that Elmhurst’s complaint is 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 Chevron fails within that
timeframe to file an answer specifically denying, or asserting insufficient knowledge to form a
belief of, a material allegation in the complaint, the Board will consider Chevron to have
admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to
proceed expeditiously to hearing.
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IT IS SO ORDERED.
I, John Therriault, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on May 7, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
