ILLINOIS POLLUTION CONTROL BOARD
July 26, 2007
VILLAGE OF WILMETTE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 07-48
(UST Appeal)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
In this appeal, the Village of Wilmette (Village) challenges a decision by the Illinois
Environmental Protection Agency (Agency) concerning the Village’s former underground
storage tank (UST) site located at 710 Ridge Road in Wilmette, Cook County. For the reasons
below, the Board grants the Agency’s motion for summary judgment and denies the Village’s
motion for summary judgment.
On December 14, 2006, the Village timely filed a petition asking the Board to review a
November 13, 2006 determination of the Agency.
See
415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm.
Code 101.300(b), 105.402. The Agency rejected the Village’s reimbursement application,
stating that the billings submitted exceeded the approved budget amounts. The Village alleged
that its reimbursement request “was less than the [Agency] approved budget amount.” Petition
at 1. The Board accepted the petition for hearing on December 21, 2006.
On January 18, 2007, the Village filed a motion to consolidate this docket, PCB 07-48
with Village of Wilmette v. IEPA
, PCB 07-27. The Board denied the motion on March 15,
2007, stating that consolidation of the cases was “not in the interest of convenient, expeditious,
and complete determination of the claims.” Village of Wilmette v. IEPA
, PCB 07-48, slip op. at
1 (Mar. 15, 2007). The Board made this finding because a motion for summary judgment was
pending in PCB 07-27, but no corresponding motion had been filed in this docket.
Id
.
On March 22, 2007, the Agency filed the administrative record. On March 29, 2007, the
Agency filed a motion for summary judgment. On April 23, 2007, the Village filed a response to
Agency’s motion for summary judgment and cross-motion for summary judgment (Resp.). On
May 10, 2007, the Agency filed a motion for leave to reply and a response to the cross motion.
The Board grants the motion for leave to file a reply.
The Village stated in the response that a decision in PCB 07-27 concerning the Agency’s
denial of the budget amendment would be dispositive of the issue raised in this appeal. Resp. at
2. On July 12, 2007, the Board granted summary judgment to the Agency and denied summary
judgment to the Village in PCB 07-27. Village of Wilmette v. IEPA
, PCB 07-27, slip op. at 11
2
(July 12, 2007). Specifically, the Board found that the Agency properly rejected a proposed
budget amendment because a no further remediation letter had been issued. The Board has
reviewed the filings and record in this proceeding and agrees with the Village that the Board’s
finding in PCB 07-27 is dispositive of all issues in this proceeding. Therefore, based on the facts
in this record and the Board’s findings in PCB 07-27, the Board grants summary judgment to the
Agency and denies summary judgment to the Village. Thus, the Agency’s decision denying the
Village’s final request for reimbursement is affirmed.
This opinion constitutes the Board’s findings of fact and conclusions of law.
IT IS SO ORDERED.
Board Member Thomas E. Johnson concurs.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board's procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on July 26, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board