BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
REPUBLIC BANK OF CHICAGO, as
)
Trustee of Trust #2234, ARISTOTLE
)
HALIKIAS, LENA HALIKIAS, MICHAEL)
HALIKIAS, NIKOLAS HALIKIAS,
)
NOULA HALIKIAS, and PATRICIA
)
HALIKIAS, as beneficiaries ofTrust #2234,)
)
Complainants,
)
)
)
v.
)
)
)
)
Respondent.
)
RESPONDENT’S RESPONSE TO COMPLAINANTS’ MOTION FOR
RECONSIDERATION OR ALTERNATELY CLARIFICATION
The Board should deny Complainants’ Motion for Reconsideration or Alternately
Clarification ofthe Board’s order, dated December 4, 2003, striking those allegations in
count IV relating to violations of the regulations of the Office ofthe State Fire Marshal.
As the Board correctly noted, such allegations are frivolous since the Board does not
have the authority to enforce regulations ofthe Office ofthe State Fire Marshal.
1.
The board was correct in striking the allegations
sua sponte.
As the Board noted,
it lacks the authority to enforce regulations of the Office of State Fire Marshal. It is
appropriate for the Board to act
sua sponte
on such jurisdictional matters.
2.
Complainant incorrectly points to
Miehie v. Chicago Bridge and Iron Company,
PCB 93-150, 1993 ENV LEXIS 1124 (Nov. 4, 1993), in support of its argument that the
RECE~VE~
CLERK’S OFFICE
DEC 2 92003
STATE
OF
ILLINOIS
Poll~tjo~Control Board
PCB-04-69
(Citizen’s Suit UST Enforcement)
SUNOCO, INC. (R&M),
Board has authority to adjudicate violations ofthe Fire Marshal’s regulations. Miehle
deals with the Board’s authority to enforce the Board’s regulations (in that case, 35 Ill.
Adm. Code 73 1.160), not the Fire Marshal’s.
3.
The Fire Marshal’s regulations are promulgated pursuant to the Gasoline Storage
Act, 430 ILCS
15,
not the Environmental Protection Act, 415 JLCS
5.
The Board has
previously held that it is not authorized to review decisions made by the Fire Marshal
under the Gasoline Storage Act.
See
Vogue Tyre & Rubber Company v. Office ofState
Fire Marshal,
PCB
95-78,
2002 WL 31814727 (Dec.
5,
2002) (noting that Board has
consistently held it is not authorized to review registration decisions by Fire Marshal).
Respectfully Submitted,
SUNOCO, INC. (R&M)
By:_________
~?‘of T~Jj~ttorneys
Joseph Freudenberg, Esq.
Sunoco, Inc. (R&M)
10 Penn Center
—
17th Floor
1801 Market Street
Philadelphia, PA 19103
(215)
977-6789
December 26, 2003
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
REPUBLIC BANK OF CHICAGO, as
)
Trustee ofTrust #223 4, ARISTOTLE
)
HALIKIAS, LENA HALIKIAS, MICHAEL)
HALIKIAS, NIKOLAS HALIKIAS,
)
NOULA HALIKIAS, and PATRICIA
)
HALIKIAS, as beneficiaries ofTrust #2234,)
PCB-04-69
(Citizen’s Suit UST Enforcement)
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Respondent’s Response to
Complainants’ Motion for Reconsideration orAlternately Clarification, by U.S. Mail,
upon the following persons on December 26, 2003:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Andrew H. Perellis
Seyfarth Shaw LLC
55
East Monroe Street
Suite 4200
Chicago, IL 60603
(
\~
./
/
Complainants,
v.
SUNOCO, INC. (R&M),
Respondent.
)
)
)
)
)
)
)
)
)
~YosephFreud~rib~erg
PROOF OF SERVICE
I hereby certif~’that I did on the 23rd day ofDecember 2003, send by Certified Mail, Return
Receipt Requested, with postage thereon fully prepaid, by depositing in a United States Post Office
Box a true and correct copy ofthe following instrument(s) entitled ADMINISTRATiVE CITATION,
AFFIDAVIT, and OPEN DUMP INSPECTION CHECKLIST
To:
Rosemary Pehm
1077 State Route 29
Henry, Illinois 61527
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ry
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER