ILLINOIS POLLUTION CONTROL BOARD
    January 6, 1994
    GRIFFIN SERVICE,
    )
    Petitioner,
    v.
    )
    PCB 93—104
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by N. Nardulli):
    This matter is before the Board on a May 27, 1993, petition
    filed by petitioners Griffin Service and Sproule Construction for
    review of the Agency’s denial of reimbursement for specific costs
    from the Underground Storage Tank Fund. Petitioners have filed
    an open waiver of the decision deadline in this matter. On
    November 12, 1993, the Agency filed a motion for summary
    judgment, a request for admission of facts, and notice to produce
    witnesses, documents and tangible things at the hearing scheduled
    for December 3, 1993. On November 29, 1993, petitioner’s
    attorneys, Roger H. Kelly and Terry N. Kurt, filed a motion for
    leave to withdraw as counsel. Also on November 29, 1993, the
    Agency filed a motion to compel production of documents and list
    of witnesses and to continue hearing. On December 1, 1993, the
    Board received Griffin’s motion for substitution of attorneys and
    motion for extension of time to respond to motion for summary
    judgment.
    On December 2, 1993, the Board granted Roger H. Kelly and
    Terry M. Kurt’s motion for leave to withdraw as counsel and
    allowed Mr. Thomas L. Kilbride to act as substitute counsel for
    Griffin. The Board directed Sproule Construction to inform the
    Board, on or before January 3, 1994, whether Sproule Construction
    wished to remain a party to this matter. In addition, the Board
    directed the hearing officer to continue the hearing.
    On January 3, 1994, Sproule Construction withdrew as a party
    to this matter. The above caption reflects Sproule
    Construction’s withdrawal. The Board hereby grants Griffin’s
    motion for extension of time to respond to motion for summary
    judgment. Griffin’s response to the Agency’s motion for summary
    judgment is to be received by the Board on or before 21 days from
    the date of this order. Lastly, the Board directs the Hearing
    Officer to respond to the remaining discovery motions at the
    appropriate time, after consultation with the parties.
    2
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boa1rd, hereby certi that the above order was adopted on the
    _________
    day of
    ____________,
    1994, by a vote of
    7~)
    —‘~DorothyN nfl, Clerk
    Illinois o lution Control Board

    Back to top