1. MOTION TO CONSOLIDATE
    2. CERTIFICATE OF SERVICE
RECEIVED
•
:
BEFORE THE POLLUTION
CONTROL BOARD
CLERK’S OFFICE..
OF THE STATE OF ILLINOIS
JAN
2004
Petitioner,
)
)
)
STATE OF ILLINOIS
)
Pollution Control Board
PCB No.
03-88
AND
)
PCB No.
04-109
(LIST Appeal)
)
Respondent.
NOTICE
Dorothy M. Gunn, Clerk
Illinois Pollution
Control Board
State ofIffinois Center
100 West Randolph Street
Suite
11-500
Chicago, IL
60601
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 S.
Second Street,
Suite 402
Springfield,
IL
62704
John J.
Kim
Assistant
Counsel
Special Assistant
Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box
19276
Springfield,
IL
62794-9276
PLEASE TAKE NOTICE that I have today filed with the
office of the Clerk of
the Pollution Control Board a Motion to Consolidate,
a copy of which is herewith
served
upon you.
Curtis
W. Martin
IL ARDC No. 06201592
SHAW
& MARTIN,
P.C.
Attorneys at Law
123 S.
10th Street, Suite
302
P.O.
Box
1789
Mt. Vernon, Illinois 62864
Telephone
(618) 244-1788
By~~
(J
~‘
Curtis W. Martii~Attorneyfor
/
R.W.
Sheridan/Dil
Co.,
Inc.,
Petitioner
(
R.W. SHERIDAN OIL CO., INC.,
vs.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
)
)
RECEIVED
•
•
•.
.
BEFORE
THE POLLUTION
CONTROL BOAR~K’S..QFFICE.:
OF
THE STATE
OF
ILLINOIS
JAN
292004
R.W. SHERIDAN
OIL CO., INC.,
)
STATE OF ILLINOIS
)
Pollution Control Board
Petitioner,
)
)
vs.
)
PCB No.
03-88
and
)
•PCBNo.04-109
ILLINOIS ENVIRONMENTAL
)
(UST Appeal)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO CONSOLIDATE
Petitioner,
R.W. Sheridan Oil Co.,
Inc., by its attorneys,
Shaw & Martin,
P.C., for its Motion to Consolidate, pursuant
to
35 Ill. Adm.
Code 101.406, states as
follows:
1.
On November
13,
2002, the Illinois Environmental
Protection Agency
(“Agency”) issued a final decision to Sheridan regarding modification of a High
Priority
Corrective Action Plan and Budget involving primarily project manager
tim.e for which Sheridan filed a Petition for Review of Final Agency Leaking
Underground Storage Tank Decision under PCB No.
03-88.
2.
On November
26,
2003, the Agency issued
a second final decision to
Sheridan regarding the modification of an Amended High Priority Corrective Action
Plan and Budget involving primarily additional project manager
time for which
Sheridan
filed a second Petition for Review of Final Agency Leaking Underground
Storage Tank Decision under PCB
No. 04-109.
•
3.
•
Each ofthe PCB causes concerns the project manager time
included in.
•
.
•
•
•
the High Priority
Corrective Action Plan and Budget and Amended High Priority
Corrective Action Plan and Budget regarding remediation of contamination at the
same owner/operator
site.
4.
The burden ofproof in each cause is the same.
5.
Consolidation of Cause Nos. PCB 03-88 and PCB 04-109 proceedings
for the purpose of hearing and decision would be in the interest
of convenient,
expeditious,
and complete determination
of the claims.
6.
Consolidation would not cause material prejudice to any party.
WHEREFORE, Petitioner,
R.W. Sheridan Oil Co.,
Inc., prays that the
Petitions
for Review filed by Petitioner in PCB No. 03-88 and 04-109 be consolidated
for hearing and decision and that Petitioner have such other and further relief as
the Board deems appropriate.
Curtis
W. Martin
IL ARDC
No. 06201592
SHAW &
MARTIN,
P.C.
Attorneys at Law
123
S.
10th Street,
Suite
302
P.O. Box
1789
Mt. Vernon,
Illinois 62864
Telephone
(618)
244-1788
Petitioner
Lttorney for
Co., Inc.,
CERTIFICATE
OF
SERVICE
I, the undersigned
attorney at law, hereby certify that
on January~?7_,2004,
I served true and
correct copies of a Motion to Consolidate,
by placing true and
correct copies in properly sealed and addressed envelopes and by depositing said
sealed envelopes in a U.S. mail drop box located within Mt. Vernon, Illinois,
with
sufficient postage affixed thereto,
upon the following named persons:
Dorothy M.
Gunn, Clerk
John J. Kim
Illinois Pollution
Control Board
Assistant
Counsel
State of Iffinois Center
Special Assistant
Attorney
General
100
West Randolph Street
Division of Legal Counsel
Suite
11-500
1021 North Grand Avenue, East
Chicago, IL
60601
P.O.
Box
19276
Springfield, IL
62794-9276
Carol Sudman
Hearing Officer
Illinois Pollution
Control Board
600
S.
Second Street, Suite
402
Springfield,
IL
62704
Curtis W. Martin~,Xttorneyfor
Petitioner, R,,~/Sheridan Oil
Co.,
Inc.

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