OR!Gft!AL
Melanie A
. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P .O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: December 6, 2006
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FEDEX GROUND PACKAGE SYSTEM, INC ., )
Petitioner,
)
v.
)
PCB 07-12
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE
Dorothy M. Gunn, Clerk
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R . Thompson Center
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Chicago, IL 60601
Thomas W. Daggett
Daggett Law Firm
Chicago Title Tower, Suite 4950
161 North Clark Street
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution Control
Board
ILLINOIS EPA'S OBJECTION TO PETITIONERS' MOTION TO CONSOLIDATE FOR
PURPOSE OF DECISION,
copies of which are herewith served upon you
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
This filing submitted on recycled paper
.
RECEIVEDCLERK'S
OFFICE
DL
0 e
2006
Pollution
STATE OF
Control
ILLINOISBoard
ICI
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FEDEX GROUND PACKAGE SYSTEM, INC
., )
Petitioner,
)
v.
)
PCB 07-12
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
ILLINOIS EPA'S OBJECTION TO PETITIONERS' MOTION TO CONSOLIDATE
FOR PURPOSE OF DECISION
NOW COMES the Respondent, the Illinois Environmental Protection Agency
("Illinois EPA"), by one of its attorneys, Melanie A
. Jarvis, Assistant Counsel and Special
Assistant Attorney General, and, pursuant to 35 Ill
. Adm
. Code 101 .500(e), hereby
respectfully objects to the Motion to Consolidate for Purpose of Decision filed by the
Petitioners, FedEx Ground Package System, Inc
. In reply to the Petitioners' motion, the
Illinois EPA states as follows :
1 .
Consolidation of the above captioned appeal with the Broadus Oil appeals,
(Consolidated
: PCB 04-31 and 05-43) is inappropriate and will cause material prejudice to the
Illinois EPA.
2 .
The Petitioner in Broadus Oil and the Petitioner in Fed Ex are unrelated parties
.
3 .
The underlying facts in each case do not arise from the same act or occurrence
.
4.
The sites at issue are not the same nor are they related in any manner
.
5.
The Illinois EPA issued each Petitioner its own decision letters based upon the facts
and circumstances presented in each distinct case
.
I
RECEJvr
CLERK'S OFFICE
D
DEc I) g 21]06
Pollution
STATE OF
Control
ILLINOIS
Board
6.
The Broadus Oil decision was made pursuant to Part 732 of the regulations, while the
Fed Ex decision was made pursuant to Part 734 of the regulations
.
7 .
The Broadus Oil appeals also include a reimbursement denial that is not included in the
Fed Ex case .
8.
The PCB 04-31 appeal in Broadus Oil was filed on December 15, 2003
. The docket in
PCB 05-43 was opened on September 2, 2004
.
9.
The Illinois EPA's Motion for Summary Judgment in the Broadus Oil case was filed
on May 8, 2006 .
10.
The Petitioner in Broadus Oil was afforded several extensions of time by which to file
a response to the Illinois EPA's Motion for Summary Judgment
. The response was not filed
in Broadus Oil until September 22, 2006.
11 .
The Illinois EPA filed a Reply to Broadus Oil's response on September 28, 2006
.
Petitioner did not file any further pleadings in that case
. By consolidating the cases, the
Petitioner in Broadus Oil is given another opportunity to argue its case through the pleadings
in the Fed Ex case
. This opportunity has long expired
.
12.
The cases should be treated separately and on their own merits
.
13.
The Illinois EPA would be materially prejudiced by any further delay in the Broadus
Oil case .
2
VI. CONCLUSION
For the reasons stated herein,
as
well as those previously made by the Illinois EPA, the
Illinois EPA respectfully requests that the Board deny the Petitioner's request for
consolidation for purpose of decision
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A
. Jarvis
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated
: December 6, 2006
This filing submitted on recycled paper
.
3
0kib
CLERK'S
OFFICE
AL
0CC (+32006
CERTIFICATE OF SERVICE
I,
the undersigned attorney at law, hereby certify that on December 6, 2006
Pollution
STATE
I served
OF
Control
true
ILLINOISandBard
correct copies of ILLINOIS EPA'S OBJECTION TO PETITIONERS'MOTION
TO
CONSOLIDATE FOR PURPOSE OF DECISION, by placing true and correct copies thereof in
properly sealed and addressed envelopes and by depositing said sealed envelopes in a U
.S . Mail drop
box located within Springfield, Illinois, with sufficient First Class postage affixed thereto, upon
the
following named persons :
Dorothy M . Gunn, Clerk
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R
. Thompson Center
James R. Thompson Center
100 West Randolph Street, Suite 11-500
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Chicago, IL 60601
Thomas W . Daggett
Daggett Law Firm
Chicago Title Tower, Suite 4950
161 North Clark Street
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
AL! hll" .
Melanie A . Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
This filing submitted on recycled paper.
