ILLINOIS POLLUTION CONTROL BOARD
    June
    6,
    1991
    WILLIAMSON
    ADHESIVES,
    INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 90—168
    )
    (Underground Storage Tank
    Fund Reimbursement
    Determination)
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. C. Marlin):
    This matter is before the Board on the Illinois Environmental
    Protection Agency’s
    (“Agency”) Motion for Summary Judgment filed
    June
    3,
    1991.
    The motion
    requests the Board
    to grant summary
    judgment
    in
    petitioner’s
    claim
    for
    reimbursement
    from
    the
    Underground Storage Tank Fund.
    The motion states that it is filed
    “in accordance with Board Rule l01244...and Rule 2-1005
    of the
    Illinois Code of Civil Procedure..,”
    The Agency is correct that motions for summary judgment are
    made
    pursuant
    to
    35
    Iii.
    Adin.
    Code
    101244.
    They
    are
    also,
    however,
    governed by the
    provisions
    of Section
    101.245
    of
    the
    Board’s rules entitled “Notions Preliminary to Hearing”.
    35 Iii.
    Adm. Code 101.245.
    That
    section
    states
    that
    all
    motions
    preliminary to hearing shall be presented to the Board or hearing
    officer
    at
    least
    21
    days prior
    to the
    date
    of
    hearing unless
    allowed by the Board or the hearing officer to prevent material
    prejudice.
    The rule is crafted in order to allow an opposing party
    sufficient time to respond prior to hearing and to allow the Board
    ample opportunity to fully consider the motion.
    Hearings in this
    matter are scheduled for June
    13 and 14,
    1991.
    The petitioner’s
    response time will not run until June 10,
    1991,
    The Board is not
    scheduled to meet again until June
    20,
    1991.
    In addition,
    no
    allegation of material prejudice accompanies the Agency’s motion.
    Because the Agency’s motion does not comport with letter and intent
    of the Board’s procedural rules, the Agency’s motion is denied.
    IT IS SO ORDERED.
    123—11
    I,
    Dorothy N. Gunn,
    Clerk of the Illinois. Pollution Control
    Boa;d~herebycertify t
    t the above Order was adopted on the
    ~‘
    day of ________________________,
    1991, by a vote of
    7-c.
    ~
    ‘borothy M.
    in, Cle~k
    Illinois Po~7utionControl Board
    123—12

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