Illinois > Statewide > Pollution Control Board
Formal Complaint - Illinois
| Formal Complaint Form. This is a Illinois form and can be used in Pollution Control Board Statewide . |
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FORMAL COMPLAINT Any person can file a formal complaint with the Illinois Pollution Control Board (Board). When you file a formal complaint, you, as the complainant, start an enforcement action before the Board. By filing a formal complaint, you assum the responsibility to pre ove to the Board that the person you are complaining about, called the respondent, has committed a violation. Your formal complaint must specifically allege which provision (of the Environmental Protection Act (Act), the Boards regulations, a Board order, or a permit issued by the Illinois Environmental Protection Agency (IEPA)) you believe the respondent has violated. IEPA is not required to investigate your allegations. The Board cannot provide you with legal advice. If the Board accepts your formal complaint, you will genera need tolly prepare and file other documents with the Board, as well as formally present your case at hearing. Board employees cannot prepare these documents for you or speak on your behalf. Preparing, Filing, and Serving a Formal Complaint To start an enforcement action, you must prepare a formal complaint, a notice to respondent, and a certificate of service. You marmy use the foal complaint, notice, and certificate forms that follow or create your own. Any documents you create must contain all of the information called for by the forms. Once completed, you must file the original and nine copies of the formal complaint, notice to respondent, and certificate of service with the Clerk of the Board (100 W. Randolph St., Suite 11-500, Chicago, Illinois 60601). You can file documents with the Clerk by delivering them in person, placing them in the U.S. mail, or using a messenger service (e.g., Federal Express, United Parcel Service). As noted, the person you are complaining about is called the respondent. Your formal complaint may identify more than one respondent. Though you file a document with the Boards Clerk, you serve that document on each respondent. You must serve one copy of the formal complaint and notice of filing on each respondent by registered mail, certified mail, messenger service, or personal service. The notice must inform the respondent that you have filed the formal complaint with the Board and that the respondent mabe required to attend a y hearing on a date set by the Board. You must provide proof (e.g., mail or messenger service receipt) to the Clerk of the Board that you have served a copy of the formal complaint on each respondent. The Board prefers that you attach the proof of service to the completed certificate of service when you file your formal complaint with the Board. However, if you choose to send your formal complaint to the Board and each respondent simultaneously, you must provide the Board with the proof of service later. Proof of service is required for all docums you file with the Board, not just the forment al complaint. Your filings other than the formal complaint can but need not be served by registered mail, certified mail, messenger service, or personal service. For example, you may serve these other documents by U.S. mail. If you do serve a respondent by either certified or registered mail, or by messenger service, you must file with the Board a copy of the receipt showing that the American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2document was delivered to the respondent. If you personally serve a respondent, you must file with the Board a signed and notarized affidavit stating who you served with a copy of the document and where and when you served it. If you serve a respondent by U.S. mail, you must file with the Board a signed and notarized affidavit stating where and when you mailed the document and that you mailed it with sufficient postage. Please refer to Sections 101.302, 101.304, and Part 103 of the enclosed Board procedural rules (35 Ill. Adm. Code 101.302, 101.304, 103) for more information about these filing and service requirements. Board Accepting Formal Complaint and Assigning Hearing Officer Once the Clerks Office receives your formal complaint, and the proof of service on each respondent, the Clerk will assign a docket number to your complaint and schedule your complaint for initial review by the Board at a Board meeting. The Board first reviews a formal complaint to determine whether it is duplicitou or frivolous within s the meaning of Section 31(d) of the Act (415 ILCS 5/31(d)) and Section 101.202 of the Boards procedural rules (35 Ill. Adm. Code 101.202). Duplicitous or duplicative means that an identical or substantially similar case is already pending before the Board or in court. 35 Ill. Adm. Code 103.212(a) and itemSee 10 of the formal complaint form. Frivolous means that the complaint seeks 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. See 35 Ill. Adm. Code 103.212(a) and itemand 9 of the forms 5 al complaint form. For example, the Board has the authority to order a respondent to stop polluting and pay a fine, to implement pollution abatement measures, or to perform a cleanup or reimburse cleanup costs. The Board does not have the authority, however, to award attorney fees to a citizen complainant. If the Board finds that a formal complaint is either duplicitous or frivolous, the Board will dismiss the complaint and notify both you and each respondent of its decision. Under the Act, you may then seek relief fromged violation in the circuit court ( the alle see 415 ILCS 5/45(b)), or you may file an appeal of the Boards decision with the appellate court (see 415 ILCS 5/41(a)). If, however, the Board finds that a formal complaint is neither duplicitous nor frivolous, the Board will accept the case for hearing and assign a hearing officer. The hearing officer will then contact the parties to schedule a hearing. At hearing, the complainant must present evidence, such as sworn testimony, to prove that the respondent has committed the violation or violations alleged in the formal complaint. Necessity of an Attorney Under Illinois law, an association, citizens group, unit of local government, or corporation must be represented before the Board by an attorney. In addition, an individual who is not an attorney cannot represent another individual or other individuals before the Board. However, even if an individual is not an attorney, he or she is allowed to represent (1) himself or herself as an individual or (
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