Complainants additionally allege that respondent has violated the Board’s numerical standards
set forth at 35 Iii.
As stated in the dissenting opinion in Rodney B.
Nelson v.
Kane
County Forest Preserve et al (October 6, 1994), PCB 94-247 (by C.A.
Manning and
J. Theodore Meyer), the Board has the authority to determine whether a citizen enforcementaction is frivolous. In this case, the complaint remains factually and legallyinsufficient; therefore, we find the complaint without merit. We find these allegations lack the appropriate sufficiency to prove actual environmentalharm and, therefore, a nuisance violation under the A...
Allowed
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