ILLINOIS POLLUTION CONTROL BOARD
     
    March 7, 2002
     
    VOGUE TYRE & RUBBER COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 96-10
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On February 1, 2002, the Illinois Environmental Protection Agency (Agency) filed a
    motion to dismiss. Petitioner has not filed a response to the motion. The Agency seeks
    dismissal of this proceeding “for lack of prosecution” of the appeal. For the reasons discussed
    below the Board denies the motion to dismiss.
     
    On July 18, 1995 petitioner filed a petition for review of the Agency’s final decision. On
    January 2, 1996, petitioner filed a motion of stay indicating that this appeal could become moot
    based on a request for insurance coverage. Mot. at 2. The Board granted that stay and since that
    motion was granted numerous other requests for stay have been granted. Petitioner has
    continued to participate in status calls with the hearing officer. Petitioner has indicated that a
    federal matter related to the insurance coverage is pending and resolution of that matter may
    moot this proceeding.
     
    The Agency maintains that even if the Board grants the motion to dismiss, petitioner can
    resubmit the reports at issue in this case when requesting reimbursement from the leaking
    underground storage tank reimbursement fund. Mot. at 4. The Agency argues that even if the
    federal matter is resolved in the near future there could be additional appeals and this appeal
    would still be pending. Mot. at 3-4. For these reasons the Agency asks that the Board dismiss
    this matter.
     
    At this time, the Board will deny the motion to dismiss. Petitioner has continued to
    participate in status conference and has remained in touch with the hearing officer in this matter.
    Therefore, the Board will deny the motion to dismiss. However, the next status conference in
    this matter is March 20, 2002. At that status conference petitioner shall give a date certain by
    which the pending federal matter shall be resolved, or the hearing officer shall set this matter for
    hearing.
     
    IT IS SO ORDERED.
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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