ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2003
     
    E.G. VOGT OIL COMPANY, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 00-141
    (UST Fund)
     
     
    ORDER OF THE BOARD (by W.A. Marovitz):
     
    This matter is before the Board on petitioner E.G. Vogt Oil Company, Inc.’s (E.G. Vogt)
    motion for continuance of stay filed on April 24, 2003. E.G. Vogt requests an additional 120
    days to resolve the matter. Respondent, the Illinois Environmental Protection Agency (Agency)
    did not file a response to the motion. For the reasons stated below, the Board grants E.G. Vogt’s
    motion, but the continuance is for a final 60 days.
     
    E.G. Vogt originally filed this petition for review of an underground storage tank
    reimbursement decision on May 25, 2000. The Agency filed the record on February 5, 2002.
    On May 20, 2002, E.G. Vogt filed a motion to stay and represented that it intended to submit a
    corrective action reimbursement request to the Agency. On June 4, 2002, the hearing officer
    assigned to this matter granted the stay for 90 days. On October 28, 2002, counsel for E.G. Vogt
    represented to the hearing officer that she might withdraw from the case. As of today, counsel
    for E.G. Vogt is still handling the case. On both December 23, 2002 and January 8, 2003, E.G.
    Vogt represented to the hearing officer that it still intended to resubmit for consideration early
    action costs previously denied by the Agency. On April 4, 2003, the hearing officer issued an
    order after E.G. Vogt failed to appear at a status conference. The hearing officer noted that the
    Agency stated on April 4, 2003 that E.G. Vogt had failed to resubmit the costs. The hearing
    officer referred the case to the Board for dismissal for lack of prosecution.
     
    On April 24, 2003, E.G. Vogt filed a motion for continuance of stay. E.G. Vogt states
    that it has been unable to resubmit previously denied cleanup costs for reimbursement by the
    Agency because the environmental consultant assisting E.G. Vogt has been called to active
    military duty regarding the war with Iraq. Mot. at 2.
     
    The Board is not unsympathetic to E.G. Vogt’s environmental consultant being
    unavailable at this time due to being on active military duty. However, E.G. Vogt represented to
    the hearing officer that it would resubmit the costs back on May 20, 2002, a time when there was
    no issue of military duty. While the Board allows parties to resolve cases if they can, the Board
    will dismiss cases if the there is no sign of progress in either the negotiation or litigation of a
    case.
     
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    The Board grants E.G. Vogt a final 60 days, until July 14, 2003, to resubmit the costs to
    the Agency. The hearing officer is directed to schedule a status conference prior to August 1,
    2003. If this case is not progressing, the Board will take appropriate steps to bring it to a
    conclusion.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted
    the above order on May 15, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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