ILLINOIS

POLLUTION CONTROL BOARD

March 21,

1996

RALEIGH REALTY CORPORATION,

)

)

Petitioner,

)

)

V.

)

PCB

96-52

)

(UST

-

?eimbursement)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

ORDER OF

THE BOARD

(by

J. Theodore Meyer):

This

matter

is

before

the

Board

on

three motions

filed

March

11,

1996 by

Raleigh

Realty Corporation

(Ralcigh):

a

Motion to

File

its

Motion for Summary Judgment in

Excess

of 15

Pages;

a Motion for Summary Judgment;

and, a Motion to

File a Reply Brief.

In its

Motion to

File a Motion for Summary

Judgment in Excess

of 15

Pages, Raleigh

states that the 26-page length of its brief is

due,

in part,

to the

numerous bases of denial of its

underground

storage

tank

(UST)

reimbursement

request.

Pursuant

to

35

Ill.

Adm.

Code

1(11.104 (1994), briefs filed with the Board shall be limited

to

15 pages, unless

the filing party

receives prior approval from the Board.

We find Raleigh’s request reasonable

in light of the

six bases for denial of its

request for reimbursement from the

UST fund and hereby grant

its

request to

file a brief in excess of 15 pages.

Pursuant

to

35

Ill.

Adm.

Code

101.241(b)

a

party

may

file

a

response

to

a

motion

within

seven

days after service of the motion.

The Illinois

Environmental

Protection

Agency

(Agency)’s response was

due

on

or before

March

15,

1 996

To

date an

Agency

response has

not been received; therefore the Board reserves

its ruling on Raleigh’s Motion to File a Reply

Brief and Motion for Summary Judgment.

IT IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois

Pollution

Control Board, hereby

certify that

the

above

order

was

adopted

on

the

2/~’~”

day

of

177

6L’s_,cILJ,

1996,

by

a

vote

of

7

Dorothy M.

Gup4( Clerk

Illinois Pollutitontrol

Board