ILLINOIS POLLUTION CONTROL BOARD
    December 6, 2001
     
    ESG WATTS, INC., an Iowa corporation,
     
    Petitioner
     
    v.
     
    ILLINOIS ENVIROMENTAL PROTECTION
    AGENCY,
     
    Respondent.
    )
    )
    )
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    )
     
     
     
    PCB 00-206
    PCB 00-207
    PCB 00-208
    PCB 01-62
    PCB 01-63
    PCB 01-64
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On October 25, 2001, the Board received a motion to dismiss and motion for summary
    judgment filed by petitioner in these consolidated cases. On October 29, 2001, petitioner filed a
    document entitled “Suggestions in Support of Motion for Summary Judgment” to support the
    motion.
     
    Petitioner is seeking to voluntarily dismiss three of the consolidated cases, PCB 00-206,
    PCB 00-207, and PCB 00-208, and is seeking summary judgment on the remaining cases. On
    December 5, 2001, respondent filed a response and a motion to file a response
    instanter
    . The
    Board grants that motion.
     
    The Board will grant the motion to voluntarily dismiss PCB 00-206, PCB 00-207, and
    PCB 00-208. Those cases are hereby unconsolidated, dismissed, and the dockets will be closed.
    The Board will discuss the motion for summary judgment in the following paragraphs.
     
    Summary judgment is appropriate when the pleadings, depositions, admissions on file,
    and affidavits disclose that there is no genuine issue as to any material fact and the moving party
    is entitled to judgment as a matter of law. Dowd & Dowd, Ltd. v. Gleason, 181 Ill. 2d 460, 483,
    693 N.E.2d 358, 370 (1998). In ruling on a motion for summary judgment, the Board “must
    consider the pleadings, depositions, and affidavits strictly against the movant and in favor of the
    opposing party.”
    Id
    . Summary judgment “is a drastic means of disposing of litigation,” and
    therefore it should be granted only when the movant’s right to the relief “is clear and free from
    doubt.”
    Id
    , citing Purtill v. Hess, 111 Ill. 2d 299, 240, 489 N.E.2d 867, 871 (1986). However, a
    party opposing a motion for summary judgment may not rest on its pleadings, but must “present
    a factual basis which would arguably entitle [it] to a judgment.” Gauthier v. Westfall, 266 Ill.
    App. 3d 213, 219, 639 N.E.2d 994, 999 (2d Dist. 1994).
     
    The Board finds that based on the pleadings petitioner has not proven that there is no
    genuine issue as to any material fact and the petitioner is entitled to judgment as a matter of law.
    Therefore, the Board denies the motion for summary judgment and directs that PCB 01-62, PCB
    01-63, and PCB 01-64 proceed to hearing.
     
     
     
    2
     
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    Board adopted the above order on December 6, 2001, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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