RECEIVED
CLERK’S
OFFICE
BEFORE
THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JUN
162003
STATE OF ILLINOIS
SWEARINGN
AMOCO,
)
Pollution
Control Board
)
Petitioner
)
)
v.
)
PCB 03
-
156, PCB 03- 157, PCB 03-158
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
NOTICE OF FILING
PLEASE TAKE NOTICE
that the undersigned has caused to be filed with the Clerk of
the Illinois Pollution Control Board the enclosed MOTION TO CONSOLIDATE in the above
captioned cause, copies ofwhich are herewith served upon you.
Dated:
June 16, 2003
Swearingin Amoco
By:C~~~
One of Its
orneys
Carolyn S. Hesse
Barnes & Thornburg
2600 Chase Plaza
10
South LaSalle Street
Chicago, Illinois 60603
312-214-8301
CHDSOI BZH
171265
IThis filing submitted
on
recycled paper as
defined in 35 ill. Adm. Code 101.2021
BEFORE THE POLLUTION CONTROL BOARD
RECEIVED
OF THE STATE OF ILLINOIS
CLERK’S
OFFICE
JUN
162003
SWEARING1N AMOCO,
)
STATE
OF
IWNOIS
Pollution
Control Board
Petitioner
)
)
v.
)
PCBO3-156,PCBO3-
157,PCBO3-158
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent
)
MOTION TO CONSOLIDATE
NOW COMES Swearingin Amoco by one of its attorneys, Carolyn Hesse ofBarnes &
Thornburg, pursuant to 35 Iii. Adm.
Code
101.406 and hereby moves to
consolidate three
appeals ofIllinois Environmental Protection Agency (“Agency”) decisions that were filed on
June 16,
2003.
In support ofthis motion, Petitioner states as follows:
1.
Three underground storage tank appeals were filed on June 16, 2003.
The case
numbers are:
PCB 03
-
156,
PCB 03-
157, and PCB 03-158.
2.
All three appeals involve a denial ofreimbursement ofcosts from the Leaking
Underground Storage Tank Trust Fund to perform corrective action activities at
property located at 503
South State
St., Jerseyville, Jersey County, Illinois.
This
property is owned by Swearingin Services, Inc.
dlb/a Swearingin Amoco.
3.
The corrective action activit~s
related to
all appeals are related to corrective
action activities for the same underground storage tanks that leaked.
4.
The three different Agency letters denying reimbursement applyto
activities at
the site, but cover differing periods oftime and ~lifferentcosts and expenses
related to
the corrective action activities.
5.
Because the factual basis ofthe three petitions are closely related, consolidating
the three petitions into one proceeding will be more convenient to the Board, the
Agency and Petitioner; consolidation will also result in
a more expeditious and
complete determination ofthe claims and
would not cause material prejudice to
any party.
Further,
consolidation ofthe claims will provide for a more efficient
administration ofjustice and reduce duplication of efforts that would be required
if the appeals were handled separately.
The burden ofprooffor the three appeals
is
identical and will be based on nearly identical facts and background
information.
WHEREFORE, Petitioner, Swearingin Amoco respectfully requests that the Board grant
its motion
to consolidate the three petitions filed on behalfof Swearingin Amoco on this date.
Dated:
June 16, 2003
Respectfully submitted,
Swearingin Amoco
ByC~
~tK~
One of Its
torneys
Carolyn S. Hesse
Barnes & Thomburg
2600 Chase Plaza
10 South LaSalle Street
Chicago, Illinois 60603
312-214-8301
CHDSO1
BZH 171265
This
filing submitted on recycled paper
as defined in 35
III. Adm. Code
101.202
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached Motion to Consolidate by placing a copy in
an envelope addressed to:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
Springfield, Illinois
62794-9276
via U.S. mail this
l6tl~day ofJune, 2003.
Dorothy Guim
Clerk of the Board
Illinois Pollution
Control Board
James R.
Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
via hand delivery this
16th
day of June, 2003.
Carolyn S.~Iesse
CHDSO1 BZH 171265
This
filing submitted
on recycled paper as
defined in 35
III. Adm. Code 101.202J