ILLINOIS POLLUTION CONTROL BOARD
    August 8,
    1991
    EDGEWOOD
    BANK
    TRUST 389
    )
    (VERNON F. LA CHAPPELLE, Designee)
    )
    as owner and operator of
    )
    SCOTTY’S INCORPORATED,
    )
    Petitioner,
    )
    v.
    )
    PCB 91—130
    )
    (Underground Storage
    ILLINOIS ENVIRONMENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On
    July
    29,
    1991,
    Edgewood Bank Trust
    389
    (Vernon
    F.
    La
    Chappelle,
    Designee),
    as
    owner
    and
    operator
    of
    Scotty’s
    Incorporated, filed a petition for review of an Underground Storage
    Tank Reimbursement Determination.
    On
    August
    5,
    1991,
    the
    Illinois
    Environmental
    Protection
    Agency
    (“Agency”)
    filed
    a letter
    in which the Agency agrees that
    the $100,000 deductible that was applied in this case should not
    have been applied.
    Having conceded that the $100,000 deductible
    was incorrectly applied, the Agency seeks additional information
    in order to determine whether the $10,000 or the $50,000 deductible
    should apply.
    The Agency states that if this case proceeds to hearing it
    will not
    support the $100,000 deductible
    and
    the
    case will
    be
    remanded to the Agency.
    The Board construes the Agency letter as
    a confession of error.
    That confession of error renders the only
    conflict in this proceeding moot.
    Therefore Edgewood Bank Trust
    has prevailed in this proceeding.
    Accordingly,
    in the manner of
    summary judgement, this matter is remanded back to the Agency for
    a determination of the appropriate deductible and this matter is
    closed.
    IT IS SO ORDERED.
    125—39
    2
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    •B9a~d,hereby cert~i-fythat the above Order was adopted on the
    ‘~1
    day of
    _________________,
    1991,
    by a vote of
    7
    Dorothy M.4~ünn,Clerk
    Illinois Pbllution Control Board
    125—40

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