ILLINOIS POLLUTION CONTROL BOARD
    July 26, 2007
    VILLAGE OF WILMETTE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-48
    (UST Appeal)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    In this appeal, the Village of Wilmette (Village) challenges a decision by the Illinois
    Environmental Protection Agency (Agency) concerning the Village’s former underground
    storage tank (UST) site located at 710 Ridge Road in Wilmette, Cook County. For the reasons
    below, the Board grants the Agency’s motion for summary judgment and denies the Village’s
    motion for summary judgment.
    On December 14, 2006, the Village timely filed a petition asking the Board to review a
    November 13, 2006 determination of the Agency.
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm.
    Code 101.300(b), 105.402. The Agency rejected the Village’s reimbursement application,
    stating that the billings submitted exceeded the approved budget amounts. The Village alleged
    that its reimbursement request “was less than the [Agency] approved budget amount.” Petition
    at 1. The Board accepted the petition for hearing on December 21, 2006.
    On January 18, 2007, the Village filed a motion to consolidate this docket, PCB 07-48
    with Village of Wilmette v. IEPA
    , PCB 07-27. The Board denied the motion on March 15,
    2007, stating that consolidation of the cases was “not in the interest of convenient, expeditious,
    and complete determination of the claims.” Village of Wilmette v. IEPA
    , PCB 07-48, slip op. at
    1 (Mar. 15, 2007). The Board made this finding because a motion for summary judgment was
    pending in PCB 07-27, but no corresponding motion had been filed in this docket.
    Id
    .
    On March 22, 2007, the Agency filed the administrative record. On March 29, 2007, the
    Agency filed a motion for summary judgment. On April 23, 2007, the Village filed a response to
    Agency’s motion for summary judgment and cross-motion for summary judgment (Resp.). On
    May 10, 2007, the Agency filed a motion for leave to reply and a response to the cross motion.
    The Board grants the motion for leave to file a reply.
    The Village stated in the response that a decision in PCB 07-27 concerning the Agency’s
    denial of the budget amendment would be dispositive of the issue raised in this appeal. Resp. at
    2. On July 12, 2007, the Board granted summary judgment to the Agency and denied summary
    judgment to the Village in PCB 07-27. Village of Wilmette v. IEPA
    , PCB 07-27, slip op. at 11
    2
    (July 12, 2007). Specifically, the Board found that the Agency properly rejected a proposed
    budget amendment because a no further remediation letter had been issued. The Board has
    reviewed the filings and record in this proceeding and agrees with the Village that the Board’s
    finding in PCB 07-27 is dispositive of all issues in this proceeding. Therefore, based on the facts
    in this record and the Board’s findings in PCB 07-27, the Board grants summary judgment to the
    Agency and denies summary judgment to the Village. Thus, the Agency’s decision denying the
    Village’s final request for reimbursement is affirmed.
    This opinion constitutes the Board’s findings of fact and conclusions of law.
    IT IS SO ORDERED.
    Board Member Thomas E. Johnson concurs.
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2006);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board's procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above opinion and order on July 26, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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