ILLINOIS POLLUTION CONTROL BOARD
    June 20,
    1991
    STATE OIL COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 90—102
    )
    (Water Well Setback
    )
    Exception)
    )
    DR.
    AND
    MRS. JAMES KRONE and
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    On April 22, 1991, State Oil Company filed a motion for leave
    to file an affidavit.
    As no response was filed to this motion, it
    was granted by the Board’s Order of May 9,
    1991.
    The gist of the affidavit is that, subsequent to hearing, the
    drinking water well on the Krone’s property which was the
    subject
    of discussion at hearing had been plugged and replaced by a new,
    130 feet deep well with a steel casing.
    Presently before the Board for resolution is a June
    6,
    1991
    Agency motion to file a response to this affidavit instanter,
    and
    a June 10, 1991 objection to the response by State Oil.
    State Oil
    objects to the Agency response essentially on the grounds that the
    Agency
    is
    attempting
    to
    reargue,
    and
    to
    introduce
    evidence
    concerning,
    issues
    which
    were
    presented,
    or
    should
    have
    been
    presented,
    at hearing.
    The Board
    agrees with State
    Oil’s characterization
    of the
    response.
    One
    of
    State
    Oil’s
    specific
    objections--lack
    of
    opportunity
    to
    cross—examine
    concerning
    additional
    evidence
    contained in the response-—could be cured by setting this matter
    for an additional hearing.
    However, the Board notes its February
    7,
    1991 Order granting a request for expedited decision to avoid
    any need to remove existing underground gasoline storage tanks from
    the
    site
    (as
    requested
    by
    the
    State
    Fire
    Marshal)
    prior
    to
    resolution of this action.
    Under these circumstances,
    the Board
    will not further delay decision by setting an additional hearing.
    The Agency motion for leave to file is hereby denied.
    The Board further notes that, in addition to State Oil’s April
    2
    22, 1991 affidavit, the record contains an unverified letter filed
    on behalf of the Krones on January 31, 1991 which also reiates that
    a new well has been dug.
    However, neither document states where
    the new well is in relation to the old well which was the subject
    of testimony at hearing,
    so that
    it
    is
    impossible to determine
    whether this petition for exception to the Section 14(c)
    200 feet
    setback requirement is now moot.
    The parties are directed to
    address this issue
    in
    filings
    (supported by affidavit as necessary)
    to be received by the Board
    on July
    9,
    1991.
    The Board would presently anticipate deciding
    this matter on July 25 or August
    8,
    1991.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify
    hat the above Order was adopted on the
    c~?Zday of ______________________,
    1991, by a vote of
    7-c.
    ~,
    //~~
    Dorothy M. G)4n,
    Clerk
    /
    Illinois PoiYution
    Control Board

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