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