BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DICKERSON PETROLEUM, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 09-87
(UST Appeal)
NOTICE OF FILING
TO:
Mr. John T. Therriault
Assistant Clerk
Illinois
Pollution Control Board
James
R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
Carol Webb, Esq.
Hearing Officer
Illinois
Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA U.S. MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a
NOTICE OF LIMITED WAIVER OF 120-DA Y
DECISION DEADLINE FOR AN ADDITIONAL 60 DAYS
and a
MOTION TO
CONSOLIDATE
directed to the Illinois Pollution Control Board, copies of which is
herewith served upon you.
Dated: July
10, 2009
Edward W. Dwyer
Monica T. Rios
HODGE
DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Respectfully submitted,
DICKERSON
PETROLEUM, INC.,
Petitioner,
One of Its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 10, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DICKERSON PETROLEUM,
INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 09-87
(UST Appeal)
NOTICE OF LIMITED WAIVER OF 120-DA Y
DECISION
DEADLINE FOR AN ADDITIONAL 60 DAYS
NOW COMES
Petitioner, DICKERSON PETROLEUM, INC. (hereinafter
"Petitioner"), by and through its attorneys, HODGE DWYER
&
DRIVER, pursuant to 35
IlL Admin. Code § 101.308(c)(2), hereby agrees to a limited waiver of the statutory 120-
day decision deadline for final action by the Illinois Pollution Control Board ("Board") in
this proceeding for an additional sixty (60) days, or until November
2009. In support
of this Notice, Petitioner states as follows:
1.
On April 15, 2009, Petitioner filed a Petition for Review of the Illinois
Environmental
Protection Agency's ("Agency's") March 9,2009 detemlination with the
Illinois
Pollution Control Board ("Board"). On May 7,2009, the Board issued an order
stating that Petitioner had until June 8, 2009 to file an amended Petition for Review to
include the date of service of the Agency's final decision and a statement specifying the
grounds
of appeal.
Dickerson Petroleum, Inc. v. IEPA,
PCB No. 09-87
(Ill.PoLControLBd. May 7,2009).
2.
On May 26, 2009, Petitioner timely filed its Amended Petition for Review
of the Agency's March 9, 2009 determination issued to Petitioner. The current statutory
Electronic Filing - Received, Clerk's Office, July 10, 2009
deadline for this matter is September 23,2009, or 120 days after May 26,2009, the filing
date
of the Amended Petition for Review. Board Order,
Dickerson Petroleum, Inc. v.
IEPA,
PCB No. 09-87 (Ill.Pol.Control.Bd. June 4,2009).
3.
Petitioner hereby voluntarily agrees to waive the statutory 120-day
decision deadline for an additional sixty (60) days, or until November 22,2009, in order
to conduct settlement negotiations and/or pursue summary disposition in this matter.
WHEREFORE, Petitioner, DICKERSON
PETROLEUM, INC., requests that the
Illinois Pollution Control Board accept this limited waiver
of the 120-day statutory
decision deadline for an additional sixty
(60) days for final action on Petitioner's appeal
of the March 9, 2009 decision issued by the Illinois Environmental Protection Agency.
Dated: July 10,
2009
Edward W. Dwyer
Monica T. Rios
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office
Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
CAHO:OO IIFillWaiverO I
Respectfully submitted,
DICKERSON
PETROLEUM, INC.
Petitioner,
One of its Attorneys
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DICKERSON PETROLEUM, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 09-87
MOTION TO CONSOLIDATE
NOW COMES Petitioner, DICKERSON PETROLEUM, INC. ("Petitioner") by
and through its attorneys,
HODGE DWYER
&
DRIVER, and pursuant to 35 Ill. Admin.
Code
§§ 101.406 and 101.500, in support of this Motion, hereby states as follows:
1.
On April 15,2009, Petitioner filed a Petition for Review of the Illinois
Environmental
Protection Agency's ("Agency") March 9, 2009 determination that LUST
Incident No. 20080084 was not subject to regulation under 35 Ill. Admin. Code Parts
731,
or 734.
See Dickerson Petroleum, Inc. v. IEPA,
PCB No. 09-87 (April 15,
2009). On May
2009, Petitioner filed an Amended Petition for Review of the
March
9, 2009 Agency decision.
See Dickerson Petroleum, Inc. v. IEPA,
PCB No. 09-87
(May 26, 2009). On June 4, 2009, the Illinois Pollution Control Board ("Board")
accepted the Amended Petition for hearing. Board Order,
Dickerson Petroleum, Inc.
)I.
IEPA,
PCB No. 09-87 (June 4, 2009).
2.
On July 10,2009, Petitioner filed a Petition for Review of the June 10,
2009 final decision of the Agency denying Petitioner's application for payment from the
LUST Fund.
See Dickerson Petroleum, Inc. v. IEPA,
PCB No. 10-05 (July 10,2009).
(We assume that if this Motion is granted, the two proceedings will have the same docket
number.)
3.
In both the above-captioned matter and the Petition filed with the Board
on July 10,
2009, Petitioner is seeking review of almost identical Agency determinations
that the above-referenced incident
is not subject to LUST regulation under Title 16 of the
Illinois Environmental
Protection Act, 415 ILCS 5/57,
et seq.,
and 35
Ill.
Admin. Code
Parts 731, 732, or 734.
See
Exhibit A to Petitions filed in both matters.
4.
Section 101.406 of the Board's regulations allows the Board to
consolidate proceedings
"if the consolidation is in the interest of convenient, expeditious,
and complete determination
of claims, and if consolidation would not cause material
prejudice to any
party." 35 Ill. Admin. Code § 101.406.
5.
The two proceedings concern the same incident, stem from the same facts,
and involve the same detennination by the Agency. Accordingly,
it is convenient for the
Board
to consolidate the two proceedings in order to expeditiously and efficiently move
toward closure
of these matters. Further, consolidation of these two proceedings will
save the parties and the Board valuable time and resources that would be expended to
hold two separate hearings.
6.
In addition, neither patty will be materially prejudiced by consolidating
the two proceedings since the claims in both petitions involve the same incident
and
challenge the Agency's nearly identical detenninations.
WHEREFORE
Petitioner, DICKERSON PETROLEUM, INC., requests that the
Illinois
Pollution Control Board grant its Motion to Consolidate the case of
Dickerson
Petroleum, Inc. v. Illinois Environmental Protection Agency,
PCB No. 09-87 with the
2
case
Dickerson Petroleum, Inc. v. Illinois Environmental Protection Agency,
PCB No.
10-05, and award such fmiher relief as the Board deems just and equitable.
Dated: July
10, 2009
Edward W. Dwyer
Monica
T. Rios
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post
Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
CAHO:OO
I/Fil!
Mtn to Consolidate
Respectfully submitted,
DICKERSON
PETROLEUM, INC.,
Petitioner,
By:
IslEdward W. Dwyer
One of Its Attorneys
3
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned, hereby certify that I have served the
attached NOTICE OF LIMITED WAIVER OF l20-DAY DECISION DEADLINE FOR
AN ADDITIONAL 60 DAYS and MOTION TO CONSOLIDATE upon:
John T. Therriault
Assistant Clerk
of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on July
10, 2009; and upon:
James
G. Richardson
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control
Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on July
10, 2009.
IslEdward W. Dwyer
Edward
W. Dwyer
CAHO;OOllFillNOF
&
cos -- Waiver
&
Consolidate
nns FIUNG SUBMITTED ON RECYCLED PAPER
