ILLINOIS POLLUTION CONTROL BOARD
July 19,
1990
ESG WATTS,
INC.
)
Petitioner,
v.
PCB 90—95
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This
matter
is
before
the
Board
on
petitioner
ESG Watts’
motion to consolidate permit appeals,
filed July
17,
1990.
This
motion,
and the accompanying amended permit appeal,
are filed
in
response to the Board’s June 21,
1990 order directing ESG Watts to
file
an
amended permit
appeal.
ESG
Watts
asks
this
Board
to
consolidate
its appeal
of
the Illinois Environmental Protection
Agency’s
(Agency) March 29,
1990 decision denying the application
for an NPDES permit,
and the appeal resulting
from the Agency’s
June 29, 1990 denial of ESG Watts’ RCRA Part B permit application.
ESG
Watts
state3
that
the
two
permit
appeals
arise
from
a
coordinated permit review by the Agency,
and contends that:
1)
in
order for the Board to appreciate the relationship and similarities
of the permit applications and the Agency decisions,
the permit
appeals should be coordinated;
2) consolidation would best utilize
the resources of the parties and of the Board; and 3)
consolidation
of the appeals would create no prejudice to ESG Watts
and would
enable the Board to make a complete determination of the issues in
one setting.
The motion
to consolidate
is denied.
The Board
recognizes
that many
of
the
issues
involved
in
both
appeals
are related;
however,
the two appeals
involve
RCRA
and NPDES,
two different
statutory
schemes.
The
basic
issue
in
every
permit
appeal
is
whether
the
permit
application,
as
submitted
to
the
Agency,
demonstrates
that
issuance
of
the permit
will
not result
in
a
violation
of
the
Environmental
Protection
Act
or
the
Board’s
regulations.
The Agency decisions at
issue here result from two
separate
applications,
and are based upon separate
and distinct
areas of Board regulations.
Therefore, the permit appeals will not
be consolidated.
Based upon the statements in ESG Watts’ amended permit appeal,
the Board finds that this docket
(PCB 90—95),
filed May
7,
1990,
is an appeal of the Agency’s March
30,
1990 denial
of the NPDES
11
3—351
2
application.
As
stated in the Board’s June
21 order,
the filing
of the
amended petition restarts
the
statutory time period
for
decision on the NPDES permit appeal.
That decision period began
on July 17,
1990.
The Board has not yet received a formal appeal
of the Agency’s June 29,
1990 denial of the
RCRA
permit.
If the
Board receives a timely appeal of the Agency’s denial of the
RCRA
permit,
it will assign both cases to the same hearing officer,
so
that the hearings on both appeals can be held on the same day.
Finally, the Board notes that the Agency’s time to respond to
the motion to consolidate has not yet expired.
Because the Board
did
not grant the
motion,
but denied
it,
taking
action
on
the
motion at
this time does not violate
Section
101.241(b)
of
the
Board’s procedural rules.
IT IS SO ORDERED.
J. Anderson and J. Marlin were not present.
I,
Dorothy
M. Gunn~ Clerk of the Illinois Pollution Control
Board,
hereby
certi-~y that
the
above
Order
was adopted
on
the
/
/~‘~
day of
..
(,
,
1990,
by a vote of
-~
-
/
/
‘/
~/
-.~
-
Dorothy
M. Gunn,
Clerk
Illinois Pollution Control Board
I 13—352