1. Swearingin Amoco
      2. CERTIFICATE OF SERVICE
      3. MOTION TO CONSOLIDATE
      4. Swearingin Amoco
•
RECE~VED
CLERK’S OFFICE
BEFORE
THE POLLUTION CONTROL BOARD
MAR
112004
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
)
Pollution Control 3oarci
)
)
)
PCB
03-156, PCB
03-157,
PCB 03-158
)
PCB 04-151,
?CB
04-152,
PCB 04-
ic3
)
PCBO4-19’t
)
)
UST Fund Appeal
)
)
NOTICE OF FILING•
TO:
John Kim
Special
Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East.
P.O.
Box 19276
Springfield, Illinois 62794-9276
Carol Sudman
Hearing Officer
Illinois Pollution
Control Board
1021 North Grand Avenue East
P.O.
Box 19274
Springfield, Illinois
62794-9274
PLEASE
TAKE
NOTICE
that
on
March
11,
2004,
filed with the Clerk of the Illinois
Pollution
Control
Board
of the
State
of
Illinois
an
original,
executed
copy
of a
Motion
to
Consolidate.
Dated:
March 11,2004
Respectfully submitted,
Swearingin Amoco
CarolynS. Hesse
Barnes
& Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)
357-1313
209174v1
By:
______
On~fIts Attor~
SWEARIINGIN AMOCO,
Petitioner
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
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:
.
.
S
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue
East
P.O. Box
19276
Springfield, Illinois
62794-9276
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O.
Box
19274
Springfield, Illinois 62794-9274
from
One North Wacker
Drive,
Suite
4400,
Chicago, Illinois,
before the hour of 5:00 p.m.,
on
this
1
1th
Day of March, 2004.
Carolyn S. Hess~è
This
filing submitted on recycled paper
as defined in 35
III.
Adm.
Code
101.202
2
BEFORE THE POLLUTION
CONTROL BOARD
CLERKS
OFFICE
OF THE STATE OF ILLINOIS
•
S
MAR112004
SWEARINGIN
AMOCO,
)
S
STATE OF ILLINOIS
)
Pollution Control Board
Petitioner
)
)
PCB 03-156, PCBO3-157, PCB 03-158
v.
)
PCB 04-151, PCB 04-152, .PCB 04-
1 S~~3
)
PCB04-/~-t
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
UST Fund Appeal
)
Respondent
)
MOTION TO CONSOLIDATE
NOW
COMES Swearingin Amoco by one of its attorneys, Carolyn Hesse ofBarnes &
Thornburg, pursuant to 35111.
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
(UST) appeals were filed on June 16, 2003.
The
case numbers are:
PCB 03
-
156,
PCB 03- 157, and PCB 03-158 and
these cases
were previously consolidated.
2.
Two
additional
UST
appeal
arising
from
the
same
site
(PCB
04-151
and
PCB
04-152)
were filed on
March
9,
2004,
and
two
more are being filed at the
same
time.as this Motion to Consolidate.
3.
All of these appeals involve
a denial of reimbursement of costs
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.
d/b/a Swearingin Amoco.
4.
The
corrective
action
activities
related
to
all
appeals
are
related to
corrective
action activities forthe same underground storage tanks that leaked.
5.
The
seven
Agency
letters
denying reimbursement apply
to
activities
at the
site,
but coyer differing periods oftime and different
costs and expenses related to the
corrective action activities.
6.
Because the factual
basis
of the seven petitions
are closely related,
consolidating
the
four
petitions
that
were
most
recently
filed
into
one
proceeding
with
the
consolidated
caseS~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 of efforts that would
be required
if the appeals were handled separately.
The burden ofproof for the seven appeals
is
identical
and
will
be
based
on
nearly
identical
facts
and
background
information.
CHDSO1BZH171265
This
filing submitted
on recycled paper as
defined in 35
III.
Adm. Code
101.202
WHEREFORE, Petitioner, SwearinginAmoco respectfully requests that the Board grant
its
motion to
consolidate the two petitions filed on behalf ofSwearingin Amoco on this date with
the two filed on March 9, 2004 and the previously pending appeals.
Dated:
March 11,2004
S
S
Respectfully submitted,
Swearingin Amoco
By:
J~rQ
LR~QJ~1~Q
One ofIts Atto~~s
Carolyn S. Hesse, .Esq.
Barnes & Thornburg
LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
209170vl
CHDSO1 BZH 171265
This
filing submitted on
recycled
paper as
defined
in 35 Ill. Adm. Code 101.2021

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