Illinois Pollution Control Board Dismisses Case Against Cement Mixing Facility As Frivolous

The Illinois Pollution Control Board recently issued an opinion dismissing as frivolous the case of Gregory v. Regional Ready Mix, LLC, Case No. PCB 10-106, which concerned alleged air and noise emissions from Defendant's cement mixing facility located at 415 River Road, Rochelle, Ogle County, Illinois.

Plaintiff attempted to allege that cement dust and noise from Defendant's facility affected Plaintiff's property and health.  However, the Pollution Control Board found that Plaintiff's complaint was frivolous because it failed to state a cause of action upon which the Board can grant relief:

"The Board once again points out that, for a claim to exist under Section 24 of the Act, Gregory must indicate specific violations of the Board’s regulations or standards, located under Title 35 of the Illinois Administrative Code.  Gregory indicates in her complaint that Regional is causing air (35 ILCS Subtitle B) and noise (35 ILCS Subtitle H) pollution but does not indicate which provisions under these subtitles are being violated.  As noted in the Board’s previous order, a complaint 'shall specify the provision of the Act or the rule or regulation . . . under which such person is said to be in violation . . ..' 415 ILCS 5/31(c) (2008); see also 35 Ill. Adm. Code § 103.204(c)(1).  It is not enough that Gregory cited to entire subtitles under the Act.  Rather, Gregory must indicated specific provisions under these subtitles that have been violated. Gregory has not done so and Regional should not be expected to prepare a defense of these subtitles in their entirety.  Gregory’s only other citation is to Section 23 of the Act (415 ILCS 5/23) which is a legislative declaration and is not properly the subject of an enforcement action (415 ILCS 5/39.2 (2008)).

"The Board again notes that Gregory claims Regional has violated Section 25b-2 of the Act (415 ILCS 5/25b-2 (2008)) but again does not allege any facts related to the alleged violation of this provision.  The Board finds this claim frivolous and not meeting the content requirements of the Board’s procedural rules."

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