ILLINOIS POLLIYrION CONTROL BOARD
September 17,
1992
HARLEM TOWNSHIP,
)
)
Petitioner,
PCB 92—83
v.
)
(Underground
Storage
Tank
Fund
ReImbursement Determination)
ILLINOIS
ENVIRONI4ENTAL
PROTECTION AGENCY,
Respondent.
)
ORDER OF THE BOARD
(by B.
Forcade):
On September 10,
1992, Ramada Hotel, O’Hare (Ramada) filed a
“Motion for Leave to File an Amicus Curiae Brief.”
Ramada is the
petitioner in Ramada Hotel. O’Hare
v.
IEPA, PCB 92-87.
The
motion states that the legal issues in the above captioned matter
and PCB 92-87 are the same in that the reasons for denial of
reimbursement are virtually identical, such that Ramada has a
direct and material interest in the outcome of the Board’s
statutory construction of the phrase “release from a UST.”
On September 15,
1992, Harlem Township filed an extension of
the statutory deadline extending the deadline to November 30,
1992.
Harlem Township further requested that the Board forego
entering a final decision in this matter until after November 30,
1992.
The Board will not delay entering a final decision past
the decision deadline.
Such a delay would result in the Board’s
decision issuing by default.
Therefore,
the request by
petitioner for the Board to enter its final order after November
30,
1992 is denied.
Harlem Township also seeks an allowance of 30 days in which
to reply to the “Motion for Leave to Submit Amicus Curiae.”
Petitioner provides no reason why 30 days is needed in which to
respond to the filings by Ramada.
The Board denies
the
petitioner’s motion for 30 days in which to respond.
However,
the Board will provide leave to both Harlem Township and
the
Agency to respond to the filings by Ramada.
Responses are to be
received by the Board by 4:30 p.m. Monday, September 28,
1992.
IT IS SO
ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Boar~,herebycertif
th
the above order was adopted on the
/7~-”-~
day of
~.
,
1992,
by
vote of
7-c
•
~Dorothy
M,-,4unn,
C1~rk
Illinois(~6llutionControl Board
0136-0061