ILLINOIS POLLUTION CONTROL BOARD
December 17,
1992
GREENVILLE AIRPORT AUTHORITY,
)
)
Petitioner,
v.
)
PCB 92—157
)
(Underground Storage
Tank
Fund
ILLINOIS ENVIRONMENTAL
)
Reimbursement Determination)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
This matter is before the Board on several motions.
On
December
2,
1992,
The Illinois Environmental Protection Agency
(Agency)
filed a motion for summary judgment.
On December 11,
1992, Greenville Airport Authority (Greenville)
filed an
objection to the Agency’s motion for summary judgment.
On.
December 15,
1192, Greenville filed its own motion for summary
judgment and a motion for entry of a scheduling order requiring
the Agency to comply with discovery and allowing Greenville
additional time to prepare for hearing.
The hearing in this
matter is set for December 22,
1992. The decision deadline in
this case is February 19,
1993 and no waiver of that deadline has
been filed.
The February decision ~deadlinemakes it impossible for the
Board to allow Greenville additional time before hearing.
Thérefore, Greenville’s motion requesting a scheduling order and
additional time before hearing is denied.
In addition, because
we are dealing with a tight time schedule, the Board denies the
Agency’s motion for .suinmary judgment. The Board also denies
Greenville’s motion for summary judgment and notes that
Greenville failed to file its motion twenty-one days before the
hearing date as required by the Board’s procedural rules.
(35
Ill. Adm. Code 101.245.)
The scheduled hearing must be held in
order to create a record for decision.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Boar4~J1erebycertify that the above order was adopted on the
/7~-
day of ______________________,
1992, by a vote of
7-a.
~
Dorothy M. ~nn,
Clerk
Illinois P4~lutionControl Board
0138-011i3