BEFORE THE POLLUTION
CONTROL BOARD
RECEL~
fMt
~pt~’c~
~~CF
OF THE STATE OF ILLINOIS
~
u\
JUL
1
4
2003
OWENS OIL COMPANY,
)
STATE OF 1LLINO~S
Pollution
Control Board
Petitioner,
)
)
v.
)
PCB 03
-
192, PCB 03
-
194,
PCB 03
-195,
)
PCB
03
-
196, PCB 03
-
197, PCB 03
-203
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 of which are herewith served upon you.
Dated:
July
14, 2003
Owens Oil Company
•
By:
c~
One ofIts Att
rneys
Carolyn
S. Hesse
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
312-357-1313
IThis
filing submitted
on recycled
paper
as defined
in 35
Ill.
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 of Legal
Counsel
1021 North Grand Avenue East
Springfield, Illinois
62794-9276
via U.S. mail this
14th
day ofJuly,
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
14th
day of July, 2003.
~
•
Carolyn S.H(~sse
CHDSOI
CSH
17485Jv1
—
This
filing submitted
on recycled
paper as
defined in 35
III. Adm. Code
101.2021
BEFORE THE POLLUTION CONTROL BOARD
~
~
OF THE STATE OF ILLINOIS
jUL
1
4
Z003
OWENS OIL COMPANY,
)
STh~ard
Petitioner,
)
)
v.
)
•
PCB
03
-
192, PCB 03
-
194, PCB 03
-195,
•
•
)
PCB
03
-
196, PCB
03
-
197, PCB
03
-
203
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO
CONSOLIDATE
NOW COMES Owens Oil
Company by one ofits, attorneys, Carolyn Hesse ofBarnes &
Thornburg, pursuant to
35 Ill. Adm.
Code
101.406 and hereby moves to consolidate
six appeals
ofIllinois Environmental Protection Agency (“Agency”) decisions that were filed on July
11
and
14, 2003.
In support ofthis motion, Petitioner states as follows:
1.
Two underground storage tank appeals were filed on July
11, 2003; the case
numbers
are:
PCB 03
-
192 and PCB 03
-194.
Four underground storage tank
appeals were filed on July
14, 2003;
the case numbers are PCB 03
-
195,
PCB 03
-
196, PCB 03-
197 andPCB
03
-203.
2.
All
si,x appeals involve a denial ofreimbursement of costs from the Leaking
Underground Storage Tank Trust Fund to
perform corrective action activities at
property located at 401
North.Main,
Greenfield,
Green County,
Illinois.
This
property is owned by Owens Oil Company (“Owens”).
3.
The corrective action activities related to all appeals are related to corrective
action activities for the same underground storage tanks that leaked.
4.
The six different Agency letters denying reimbursement apply to activities at the
site, but cover differingperiods oftime and different costs and expenses related to
the corrective action activities.
5.
Because the factual basis ofthe six petitions are closely related, consolidating the
six 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 of the claims and would not cause material prejudice to
any party.
Further, consolidation of the claims will provide for a more efficient
administration ofjustice and reduce duplication ofefforts that would be
required
if the appeals were ‘handled separately.
The burden ofproof for the six appeals is
identical and will
be based on nearly identical facts and background information.
WHEREFORE, Petitioner, Owens Oil Company respectfully requests that the Board
grant its motion to consolidate the six petitions filed on behalfofOwens Oil Company on this
date.
Dated:
July
14, 2003
.
Respectfully submitted,
Owens
Oil Company
By:
~
One ofIts A~9irneys
Carolyn
S. Hesse
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois
60606
.
312-357-1313
CHDSOI
CSH
174851v1
IThis filing submitted
on recycled paper
as
defined in 35
III.
Adm. Code 101.202