1. NOTICE OF FILING
      2. Hannel Oil Company
      3. CERTIFICATE OF SERVICE
      4. BEFORE THE POLLUTION CONTROL BOARD• OF THE STATE OF ILLINOIS
      5. MOTION TO CONSOLIDATE
      6. Hannel Oil Company
RECE~VED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
MA~
12 ~
OF THE STATE
OF ILLINOIS
~
FlANNEL OIL COMPANY,
)
STATE OF ILLINOIS
Pollution Control Boarci
Petitioner,
)
)
PCB 03-24
PCB
03-25
)
PCB04-i~’
)
UST Fund Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
OF FILING
TO:
John Kim
CarolSudman
Special
Assistant Attorney General
Hearing Officer
Illinois Environmental Protection Agency
Illinois Pollution Control Board
1021 North Grand Avenue East
1021 North Grand Avenue East
P.O. Box 19276
P.O. Box 19274
Springfield, Illinois 62794-9276
Springfield, Illinois 62794-9274
PLEASE TAKE NOTICE that on March 12, 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
12,
2004
Respectfully
submitted,
Hannel Oil Company
By:
______________
One of Its Attc~rn
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
176732v1
jThis filing submitted on recycled paper as defined in 35
III.
Adm.
Code 101.202
CERTIFICATE OF SERVICE
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
12th
Day ofMarch, 2004.
L~ ~
Carolyn S. H&~se
This
filing
submitted on recycled
paper as
defined in 35
Ill. Adm.
Code 101.202
I, on oath state that I have served the attached Motion to Consolidate by placing
a copy in
an envelope addressed to:
2
BEFORE THE POLLUTION CONTROL BOARD
•
OF THE STATE OF ILLINOIS
HANNEL
OIL COMPANY,
)
)•
RECE~VED
Petitioner,
)
CLERK’S
OFFICE
•
•
)
PCB
03-24, PCB 03-25
MAP
12200
v.
)
PCBO4-_____
•
)
UST Fund Appeal
STATE
OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO
CONSOLIDATE
NOW COMES Hannel
Oil
Company by one of its attorneys, Carolyn Hesse ofBarnes
&
Thornburg,
pursuant to
35
Ill.
Adm.
Code
101.406
and
hereby moves
to
consolidate
an
appeal
that
is
being
filed
on
this
date with
two
appeals of Illinois
Environmental
Protection
Agency
(“Agency”)
decisions
that
were
filed
on
November 27,
2002.
In
support
of
this
motion,
Petitioner states as follows:
1.
Two underground
storage tank (UST) appeals were
filed on November
17,
2002.
The
case
numbers
are:
PCB
03-24
and
PCB
03-25
and
these
cases
were
previously consolidated.
2.
One additional
UST appeal
arising from
the
same
site
is 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 802 West Morton, Jacksonville, Morgan County, Illinois.
This
property
is owned by Hannel Oil Company.
4.
All
three
appeals
are
related
to
corrective
action
activities
for
the
same
underground storage tanks that leaked.
5.
The three Agency letters denying reimbursement apply to
activities at the site, but
cover differing periods
of time
and
different
costs
and
expenses
related to
the
corrective action activities.
6.
Because the factual
basis
of the three petitions
are
closely related, consolidating
•
the
one
petition
that
was
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 three appeals
is
identical
and
will
be
based
on
nearly
identical
facts
and
background
information.
This
filing submitted
on
recycled paper
as defined in 35
III. Adm. Code 101.202
WHEREFORE,
Petitioner,
Hanriel
Oil
Company
respectfully
requests
that
the
Board
grant
its Motion
to
Consolidate
the one
petition filed on behalf of Hannel
Oil
Company
on
this
date and the previously pending appeals.
Dated:
March
12,
2004
•
Respectfully submitted,
Hannel Oil
Company
By:
~J&JU~J~
~
One ofIts Attor
ys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
•
Suite 4400
Chicago, Illinois 60606
(312)357-1313
209279v1
This
filing submitted
on recycled
paper as
defined in 35
III. Adm.
Code 101.202

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