ILLINOIS POLLUTION CONTROL BOARD
    April
    22,
    1993
    SMITH OIL COMPANY OF KANKAKEE,
    )
    Petitioner,
    v.
    )
    PCB 91—243
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On March 30,
    1993,
    the Board received a motion for judgement
    by default filed by petitioner,
    Smith Oil Company of Kankakee
    (Smith Oil).
    On April
    12,
    1993,
    the Board received a response
    from the Agency.
    Smith Oil asks that the Board enter judgement in its favor
    on the pleadings filed in this cause.
    Smith states that on July
    30,
    1992,
    the Board reversed an Agency determination that Smith
    Oil was not eligible to receive reimbursement from the fund.
    Smith Oil further points out that on November
    19,
    1992,
    the Board
    granted a motion to compel filed by Smith Oil and directed the
    Agency to make the determination of deductible and the
    reasonableness of costs no later than January
    15,
    1993.
    As of
    the date of the filing of the motion for judgement by default,
    the Agency has failed to make the determination of deductible and
    the reasonableness of costs,
    acccording to petitioner.
    The Agency’s response indicates that following the Board’s
    final order of July 30,
    1992, the Agency placed Smith Oil
    in the
    “queue for eligibility and deductible review”.
    (Ag.Resp. at 1.)
    Further, the Agency indicates that it did not receive
    confirmation from the Office of State Fire Marshall that the
    tanks at issue in this appeal were properly registered until
    February 9,
    1993.
    (Ag.Resp. at 2.)
    Therefore, according to the
    Agency it was unable to make a determination by January
    15,
    1993,
    as directed by the Board.
    However, upon receiving the
    notification that the tanks were properly registered, the Agency
    proceeded with its reimbursement review.
    On February 19,
    1993,
    the petitioner was mailed
    a letter indicating that the deductible
    to be applied to Smith Oil was $10,000.
    (Ag.Resp. at
    2.)
    The Agency also questions the appropriateness of the filing
    of a motion for default judgement in a proceeding in which the
    docket has been closed.
    Before ruling on this specific motion the Board notes that a
    motion for default in this instance is appropriate.
    The
    petitioner has already been granted a motion to compel, which the
    Of L~J-OI95
    2
    Agency did not respond to.
    Thus,
    this motion would appear to be
    a logical next step.
    Further, had the Agency responded to the
    motion to compel with some of the information included in this
    response, the Board might have extended the timeframes in its
    order granting the motion to compel.
    The Board finds that the Agency is proceeding and denies the
    motion for judgement by default.
    IT IS SO ORDERED.
    I, Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certi~yth~tthe above order was adopted on the
    ~
    day of
    ~
    ,
    1993,
    by a vote of
    ~
    ~-‘Dorothy M.
    9lnn,
    Clerk
    Illinois I~yLlutionControl Board
    01 ~ 1-0196

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