BEFORE THE ILLINOIS POLLUTION CONTROL BOAR1~
E C E ~V ED
OF THE STATE OF ILLINOIS
CLERK’S OFFICE
JOHNSON OIL COMPANY, LLC,
)
)
Petitioner,
)
)
vs.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
PCB No. 04-190
(LUST Appeal)
SEP 23 2004
STATE OF ILLINOIS
Pollution Control Board
Respondent.
)
NOTICE OF FILING
John Kim
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
BradleyP. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
PLEASE TAKE NOTICE that I have today, September____ 2004, filed with the Clerk
ofthe Illinois Pollution Control Board a MOTION TO COSOLIDATE, a copy of which is
herewith served upon you through United States Mail return receipt requested.
Respectfully Submitted,
To:
F. R~naldsWalker, Atty No. 2922223
PLEWS SHADLEY RACHER
&
BRAuN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph: (317) 637-0700
Fax: (317) 637-0712
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SEP 232004
JOHNSON OIL COMPANY, LLC,
)
Pofluon~~d
Petitioner,
)
)
PCBNo.04-190
vs.
)
(LUST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO CONSOLIDATE
Petitioner, Johnson Oil Company, LLC (“Johnson Oil”), files its Motion to Consolidate
Underground Storage Tank (“UST”) Fund cases Johnson Oil v. Illinois Environmental Protection
Agency, PCB No. 04-190 and Johnson Oil v. Illinois Environmental Protection Agency, PCB
No. 04-183 and requests that the Hon. Carol Sudman, Hearing Officer, Illinois Pollution Control
Board (“Board”) hear both cases. In support ofits motion Johnson Oil states:
1.
On August 20, 2004, Johnson Oil filed its Amended Petition for Review for its
property located at 901 Vermillion Street, Danville, Vermillion County, Illinois under Cause No.
PCB 04-183 (“Danville Petition”).
2.
On August 24, 2004, Johnson Oil filed its Amended Petition for Review for its
property located at 629 West Champagne Road, Rantoul, Champagne County, Illinois, under
Cause No. PCB 04-190 (“Rantoul Petition”).
3.
Johnson Oil’s Rantoul Petition was assigned to the Hon. Bradley P. Halloran,
Hearing Officer forthe Board with his office located in Chicago, Illinois. However, Johnson
Oil’s Danville Petition was assigned to the Hon. Carol Sudman, Hearing Officer for the Board,
with her office located in Springfield, Illinois.
4.
Because Johnson Oil’s Danville and Rantoul Petitions involve similar facts and
legal issues, Jolmson Oil requests that its Rantoul Petition under Cause No. PCB 04-190 be
consolidated with its Danville Petition under Cause No. PCB 04-183. Johnson Oil also requests
that the Hon. Carol Sudman serve as the Hearing Officer for both cases. Consolidating the two
Petitions will avoid unnecessary duplication of pleadings and save scarcejudicial resources.
5.
A Status Conference was held forJohnson Oil’s Danville Petition under Cause
No. PCB 04-183 and the Hon. Carol Sudman agreed to serve as hearing officer for both cases.
The Agency’s attorney, John Kim, was also informed ofthis motion to consolidate but has not
yet indicated whether the Agency agrees to this motion.
6.
Johnson Oil agrees to hold any hearings for both cases at the office ofthe Hon.
Carol Sudman in Springfield, Illinois.
WHEREFORE, Petitioner, Johnson Oil Company, LLC, requests that the Illinois
Pollution Control Board grant its Motion to Consolidate the case Johnson Oil v. Illinois
Environmental Protection Agency, PCB No. 04-190 with the case Johnson Oil v. Illinois
Environmental Protection Agency, PCB No. 04-183 and requests that the Hon. Carol Sudman
serve as the Hearing Officer for both cases.
F. Rdnalds Walker, Atty I~o.2922223
PLEWS SHADLEY RACHER & BRAuN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph: (317) 637-0700
Fax: (317) 637-0712
Respectfully Submitted,
PLEWS SHADLEY RACHER &
2
~ECE~VE~
CLERK’S OFFICE
SEP 23 2004
CERTIFICATE OF SERVICE
—~TATEOF ILLINQ;~
I~tJ~o,iiQontrol ~oar
I, the undersigned attorney at law, hereby certify that on September~._-~.-’,zuu4, .i serveci
true and correct copies ofthe Motion to Consolidate, by placing true and correct copies in
properly sealed and addressed envelopes and by depositing said sealed envelopes in a U.S. mail
box with sufficient postage affixed thereto, upon the following named persons:
John Kim
Dorothy M. Gunn, Clerk
Assistant Counsel
Illinois Pollution Control Board
Special Assistant Attorney General
James R. Thompson Center
Division of legal Counsel
100 West Randolph Street
1021 North Grand Avenue East
Suite 11-500
P.O. Box 19276
Chicago, Illinois 60601
Springfield, Illinois 62794-9276
Bradley P. Halloran, Hearing Officer
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P.O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, Illinois 60601
3
