PMA
    &
    ASSOC., INC.,
    Petitioner,
    )
    v.
    )
    PCB No. 07-063
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    T-TOWN DRIVE THRU, INC.,
    Petitioner,
    )
    v.
    )
    PCB No. 07-085
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    REED'S SERVICE,
    Petitioner,
    )
    v.
    )
    PCB No. 07-108
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    2F, INC.,
    Petitioner,
    )
    v.
    )
    PCB No. 07-076
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    BOB'S
    SERVo CENTER, INC.,
    Petitioner,
    )
    V.
    )
    PCB No.
    07-082
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    L.W. PAUL SUPPLY CO., INC.,
    Petitioner,
    )
    V.
    )
    PCB No.
    07-099
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    RUTH OIL CO., INC.,
    Petitioner,
    )
    v.
    )
    PCB No. 07-120
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *
    MAHR'S SERVICE & SALES,
    Petitioner,
    )
    v.
    )
    PCB No. 07-119
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    GATEWAY FS, INC.,
    Petitioner,
    )
    v.
    )
    PCB No. 07-126
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    PIONEER OIL CO.,
    Petitioner,
    v.
    PCB No. 07-127
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    GALLAHER'S SHELL,
    Petitioner,
    v.
    PCB No. 07-130
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    JAHRAUS OIL CO., INC.,
    Petitioner,
    )
    v.
    )
    PCB No. 07-128
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    RUSSELL OIL CO., INC.,
    Petitioner,
    v.
    PCB No. 07-137
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    WATERTOWER MARINA, INC.,
    Petitioner,
    v.
    PCB No. 07-138
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    YESLEY SERVICE CO., INC.,
    Petitioner,
    )
    v.
    )
    PCB No. 07-129
    ILUNOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    )
    (LUST Appeals)
    -2-
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *
    Pursuant to 35 ILL. ADM. CODE
    ยง
    101.406, PMA & Assoc., Inc. ("PMA"); T-Town
    Drive Thru, Inc. ("T-Town); Reed's Service;
    2F, Inc.; Bob's Service Center, Inc.; L.W.
    Paul Supply Co., Inc.; Ruth Oil Co., Inc.; Mahr's Service
    & Sales; Gateway FS, Inc.;
    Pioneer Oil Co.; Gallaher's Shell; Jahraus
    Oil Co., Inc.; Russell Oil Co., Inc.; Water-
    tower Marina, Inc.; and Yesley Service Co., Inc., the respective petitioners
    in the
    above-captioned LUST appeals (collectively, "Petitioners"; individually, "Petitioner"),
    by their attorneys, The Sharp Law Firm, P.C., move to consolidate the above-
    captioned appeals for purposes of briefing, hearing and decision
    on motions for
    summary judgment.
    In support, Petitioners state:
    1. Each of the above-captioned appeals involves a decision by the Illinois
    Environmental Protection Agency ("Agency") denying reimbursement of the Peti-
    tioner's analysis costs
    on the basis that the payment request lacked supporting
    documentation.
    In each case, the Agency denied the requested payment on the
    ground that the Petitioner had not submitted invoices received by Petitioner's
    consultant for a part of services at issue.
    1
    2. In each of the appeals, the Agency denied reimbursement for amounts which
    had been approved for analysis costs
    in a previously-approved budget.
    3. In each of the appeals, the Agency denied reimbursement for amounts
    established
    as reasonable in 35 ILL. ADM. CODE Part 732 Subpart H or 35 ILL. ADM.
    1
    In certain cases the Agency also stated that the claim was for "costs for analysis that are not
    reasonable as submitted", but that contention poses the same legal issues as in the other matters, and
    the sole "unreasonable" aspect identified
    is the failure to submit the invoices of the sub-contractor who
    performed some of the services at issue.
    -3-
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *
    CODE Part 734 Subpart H, as applicable.
    During the evolution of the dispute
    to which each of these appeals relates,
    counsel for the Agency and counsel for Petitioners have discussed the same, its
    essentially legal nature, and the desirability of its resolution by settlement or by
    summary judgment
    on a basis which would avoid presentation of multiple motions
    and the conduct of multiple hearings. After the prospect of settlement ended, the
    Agency filed its
    Motion for Summary Judgment
    in the PMA case on August 10, 2007.
    PMA filed its
    Petitioner's Response to Respondent's Motion for Summary Judgment
    ("Response") on August 28,2007.
    5. On September 12, 2007 T-Town filed its
    Petitioner's Motion for Summary
    Judgment
    ("Motion") in the T-Town matter. The law and analysis sections of that
    Motion are almost identical to the comparable sections of the Response filed
    in the
    PMA case.
    6. It is well-established that on appeal to the Board the Agency's denial letter
    frames the issues to be reviewed and the Board focuses only
    on the grounds stated
    in the decision in determining whether it may be affirmed. Pulitzer Comm. Nsprs.,
    Inc.
    v. IEPA, 90-142 at 9-7 (Dec. 20, 1990). The identity of the issues for review in
    the following cases thus is established by the decision letters attached to the
    Petitions for Review respectively filed therein on the dates stated:
    a.
    Reed's Service, PCB No. 07-108 (May 8,2007);
    b.
    2F, Inc., PCB No. 07-076 (Feb. 9, 2007);
    c.
    Bob's Service Center, Inc., PCB No. 07-082 (Feb. 28, 2007);
    d.
    L.W. Paul Supply Co., Inc., PCB No. 07-099 (Apr. 2, 2007);
    e.
    Ruth Oil Co., Inc., PCB No. 07-120 (Aug. 23, 2007);
    f.
    Mahr's Service
    &
    Sales, PCB No. 07-119 (Aug. 24, 2007);
    g.
    Gateway FS, Inc., PCB No. 07-126 (Sept. 7, 2007);
    h.
    Pioneer Oil Co., PCB No. 07-127 (Sept. 7, 2007);
    -4-
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *
    I.
    Yesley Service Co., Inc., PCB No. 07-129 (Sept. 11,2007)
    j.
    Gallaher's Shell, PCB No. 07-130 (Sept. 12,2007); and
    k.
    Jahraus Oil Co., Inc., PCB No. 07-128 (Sept. 12,2007).
    7. The identity of the issues for review in the following cases, in which petitions
    for review are not yet filed but are imminent, is established by the decision letters
    attached
    to the motions for extension filed on the dates respectively stated:
    a.
    Russell Oil Co., Inc., PCB No. 07-137 (June 11,2007); and
    b.
    Watertower Marina, Inc., PCB No. 07-138 (June 11, 2007).
    8. In addition to the above-stated actions which are currently before the Board,
    the same issue
    is presented in the following matters, in which, through cooperation of
    the parties, the date for the Agency to issue a decision has been extended so that
    the Agency can apply to said matters the result which
    is obtained in the above-
    captioned appeals:
    a.
    Ralph Johnson, Incident No. 950344;
    b.
    Mobil Mart, Incident No. 20000728;
    c.
    Veach Service, Incident No. 20001628;
    d.
    Veach Oil, Incident No. 20001756;
    e.
    Auburn Realty, Incident No. 20010264;
    f.
    Ozark General Store, Incident No. 20010095;
    g.
    Tomy's Kwik Chek, Incident No. 20010342;
    h.
    Schleifer Petroleum, Incident No.20011637;
    I.
    Ron's One Stop #15, Incident No. 20011549;
    j.
    Sheffield Farm House, Incident No. 992695;
    k.
    A-J Enterprises, Incident No. 20020265;
    I.
    Spectrulite Consortium, Incident No. 892600;
    m.
    Haneghan's Amoco, Incident No. 20021239;
    n.
    Koch Uptown Shell, Incident No. 940768;
    o.
    NO Inc/Harold Hart Service, Incident No. 20021214;
    p.
    Mt. Vernon S & W Motors, Incident No.20030775;
    q.
    Public Works Shop, Incident No. 951643;
    r.
    True Value Petroleum Co., Incident No. 20002336;
    s.
    Knapp Oil Co., Incident No. 20031670;
    t.
    Karco, Inc., Incident No.20040593;
    u.
    Veach Oil Co., Incident No. 20041199;
    v.
    Ted's Citgo, Incident No. 981745;
    w.
    Thomas, Coy, Incident No. 991984;
    -5-
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *
    x.
    Airline Standard, Incident No. 940692;
    y.
    Sarus Oil LLC, Incident No. 20051115;
    z.
    Schreiner Oil, Incident No. 971155;
    aa.
    Maribeth, Inc., Incident
    No. 20060567;
    bb.
    Sarus Oil LLC, Incident No. 20060332;
    cc.
    Yorkville Marathon, Incident No. 20060740;
    dd.
    Moto, Inc., Incident
    No. 20020431;
    ee.
    FKG Oil Co., Incident No. 20021572;
    ff.
    Moto, Inc., Incident No. 980730;
    gg.
    Grahams Service, Incident No. 20060626;
    hh.
    Maribeth, Inc., Incident No. 20060816;
    ii.
    Twin County Service Co., Incident No. 982521;
    JJ.
    Streuter Chevrolet, Incident No. 982881;
    kk.
    Muriel Brown Via Judy Story, Incident No. 983125;
    II.
    Biggs Brothers Service Center, Incident No. 990762;
    mm. John Zink, Inc., Incident
    No. 992540;
    nn.
    Tasim Fejfza, Incident No. 941095, and
    00.
    Old National Bank, Incident No. 991564.
    9. Although the amount at issue in a particular case is in many instances small,
    the collective impact
    of the issue is significant (over $145,000 to date,2 with additional
    matters accruing) and justifies the Board's coherent and thorough attention, which
    can best and most efficiently be obtained by consolidating the above-referenced
    appeals for briefing, hearing and decision of motions for summary judgment.
    10. Separate briefing will result in duplicative effort and filings, as the bulk of the
    memoranda
    in each appeal will be identical. Accordingly, Petitioners propose to file
    brief motions for summary judgment in the actions other than T-Town (where a more
    thorough motion already has been filed), limiting those motions to establishment of
    the factual showing in the particular case, and then to file a single consolidated legal
    memorandum in support thereof.
    2
    In each of the cases referenced in 11'11 4-8 the Petitioner's consultant has been United Science
    Industries, Inc., which
    is an additional common fact favoring consolidation. However, assuming the
    Agency has applied the same approach
    to reimbursement requests involving other consultants, the
    significance of the issue would
    be even larger than the $145,000 sum stated.
    -6-
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *
    11. Consolidation of these matters for briefing, hearing and decision of motions
    for summary judgment will result
    in a more expeditious and complete determination
    of the issues and will not prejudice any party. Indeed, it likely will result
    in savings in
    paperwork and effort for the Agency analogous to those for Petitioners.
    WHEREFORE, Petitioners pray that the above-referenced matters be
    consolidated for briefing, hearing and decision of motions for summary judgment.
    September 12,2007
    John
    T. Hundley
    Mandy
    L. Combs
    SHARP LAW FIRM, P.C.
    P.O. Box 906 - 1115 Harrison
    Mt. Vernon, IL 62864
    618-242-0246
    Counsel for Petitioners
    THE SHARP LAW FIRM, P.C.,
    -7-
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *
    I, the undersigned attorney at law, hereby certify that I served the foregoing
    document upon all persons entitled to same by causing copies to be deposited
    in the
    United States Post
    Officemailboxat14thandMainStreets.Mt.Vernon.IL. before
    6:00 p.m. this date,
    in envelopes with proper first-class postage affixed, addressed as
    follows:
    Dorothy
    M. Gunn, Clerk
    Illinois Pollution Control Board
    James
    R. Thompson Center
    100 West Randolph Street
    Suite 11-500
    Chicago, IL 60601
    James
    G. Richardson, Esq.
    Illinois Environmental Protection Agency
    1021
    N. Grand Ave. East
    Springfield, IL 62702
    Hon. Carol Webb
    Illinois Pollution Control Board
    1021
    N. Grand Ave. East
    P.O. Box 19274
    Springfield, IL 62794
    Hon. Bradley
    P. Halloran
    Illinois Pollution Control Board
    James
    R. Thompson Center
    100 W. Randolph, Suite 11-500
    Chicago, IL 60601
    September 12, 2007
    John
    T. Hundley
    Mandy
    L. Combs
    THE SHARP LAW FIRM, P.C.
    P.O. Box 906 - 1115 Harrison
    Mt. Vernon, IL 62864
    618-242-0246
    Counsel for Petitioners
    MandyCombs/USI/PMAlMtnConsolidate.doc
    John\USI\PMA\MtnConsolidate.doc
    Brenda\US I\PMA\MtnConsolidate.doc
    -8-
    Electronic Filing, Received, Clerk's Office, September 12, 2007
    * * * * * PCB 2007-120 * * * * *

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