ILLINOIS POLLUTION CONTROL BOARD
August 5, 1993
JOLIET PARK DISTRICT,
(JOLIET AIRPORT FACILITY),
)
Petitioner,
V.
)
PCB 93-70
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by J. Anderson):
On August 4, 1993, the Joliet Park District (Joliet Airport
Facility) (Joliet) filed a motion requesting the Board to stay
its ruling on the Illinois Environmental Protection Agency’s
(Agency) May 12, 1993 motion for summary judgment in this matter.
Joliet’s motion comes in response to a June 3, 1993 Board order.
In its June 3, 1993 order, the Board granted the parties’
May 21, 1993 joint request to stay the filing of Joliet’s
response to the motion for summary judgment as well as the
Board’s ruling on the motion itself. The Board also directed the
hearing officer to cancel the June 9, 1993 hearing that was
scheduled and stated that Joliet’s response was to be received by
the Board no later than July 21, 1993.
In support of its current motion to stay, Joliet asserts
that, although it has received notification from the Office of
the State Fire Marshal (OSFM) that the underground storage tank
at issue would be considered registered by its office, the Agency
has not yet received formal notification of the OSFM’s decision.
Joliet adds that delaying the ruling on the Agency’s motion for
summary judgment would allow the Agency to process Joliet’s
application and grant reimbursement.
At the outset, the Board notes that Joliet’s current motion
was not filed by the deadline specified in the Board’s June 3,
1993 order (i.e., July 21, 1993). Accordingly, Joliet should
have requested leave to file its motion to stay instanter. In
the interest of administrative economy, however, the Board hereby
accepts Joliet’s late filing of its motion to stay.
The Board hereby grants Joliet a limited stay. The Board,
in its June 3, 1993 order, stated that it intended to issue a
ruling on the Agency’s motion for summary judgment at one of its
August, 1993 Board meetings so that the hearing officer could
reschedule hearing, in the event that the motion is denied,
consistent with the November 9, 1993 statutory decision deadline.
2
Accordingly, the Board grants Joliet an additional two weeks in
which to file a response to the Agency’s motion for summary
judgment. Joliet’s response is to be received by the Board no
later than ~August 23, 1993, so that the Board can take action at
its August 26, 1993 meeting. Joliet must provide an additional
waiver of the November 9, 1993 decision deadline if it wishes to
have a lengthier stay.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
~
hereby certi~that the above order was adopted on the
~-‘-‘
day of
_____________________,
1993, by a vote of
(2
Dorothy N. 9~n, Clerk
Illinois PøyLutiorl Control Board