BEFORE THE ILLINOIS POLLUTION CONTROL BOARD R
CLERK'S
E C E I
OFFICEVIED
CITY OF CHICAGO DEPARTMENT
)
J;kN 0 4 2007
OF ENVIRONMENT,
)
Petitioner,
Pollution
STATE OF
Control
ILLINOISBoard
)
AC 07-25
V .
1601-1759 EAST 130
Tn
STREET, LLC,
Respondent .
Jennifer A . Burke
Senior Counsel
City of Chicago Department of Law
30 N
. LaSalle Street, Suite 900
Chicago, It . 60602
(312) 742-3990
CERTIFICATE OF SERVICE
The undersigned, an attorney, certifies that on January 4
. 2007 she caused copies of this
notice and the documents referenced therein to be served on the party to whom it is
directed by U .S
. Mail, first class postage prepaid .
nnifer A . Burke
NOTICE OF FILING
TO: Jeffrey J
. Levine
Jeffrey J . Levine, P
.C.
20 N
. Clark St ., Suite 800
Chicago, IL 60602
PLEASE TAKE NOTICE that on January 4, 2007, Petitioner filed with the Clerk of the
Illinois Pollution Control Board the attached Appearance and Petitioner's Opposition to
Consolidation, copies of which are served upon you
.
APPEARANCE
Jennifer A
. Burke files her appearance in this proceeding on behalf of the City of
Chicago Department of Environment
.
Jennifer A. Burke
Senior Counsel
Department of Law
City of Chicago
30 N
. LaSalle Street, Suite 900
Chicago, IL 60602
(312) 742-3990
')niter A Burke
CITY OF
BEFORE
CHICAGO
THE
DEPARTMENT
ILLINOIS POLLUTION
)
CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
OF ENVIRONMENT,
)
JAN
0 4 2007
Petitioner,
)
AC 07-25
Pollution
STATE OF
Control
ILLINOIS
Board
V .
)
1601-1759 EAST 130TH
STREET, LLC, )
Respondent . )
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CITY OF CHICAGO DEPARTMENT
OF ENVIRONMENT,
Petitioner,
V .
1601-1759 EAST 130
Th STREET, LLC,
Respondent
.
PETITIONER'S OPPOSITION TO CONSOLIDATION
The City of Chicago Department of Environment
("CDOE"), by and through its
attorney, Mara S
. Georges, Corporation Counsel for the City of Chicago, objects to
Respondent's Motion to Consolidate because consolidation is not warranted and will
delay determination of the pending claims
.
On May 10, 2006, CDOE filed Administrative Citation No
. AC 06-41 against
1601-1759 East 130 °i
Street, LLC, Respondent, for violations of the Illinois
Environmental Protection Act, 415 ILCS 5/21(p), found at the property located at 1601-
1759 East 130th
Street, Chicago, Illinois, during inspections on March 22, 2006 by CDOE
inspectors Rafael Maciel and Christopher Antonopoulos
. Respondent subsequently
petitioned the Board to contest AC 06-41
. On June 15, 2006, the Board accepted AC 06-
41 for hearing
. Since that time, the hearing officer has conducted several status
conferences, Respondent has deposed Mr
. Maciel, and the hearing officer has ordered the
parties to be prepared to discuss their readiness for hearing at the next status hearing on
February 1, 2007
.
1
R
CLERK'S
ECEIVED
OFFICE
JAN 0 4 2007
AC 07-25
(Administrative CitpaPiSTATE
OF
ILLINOIS
I
6~jon Control Board
On November 21, 2006, six months after filing AC 06-41, CDOE filed
Administrative Citation No . AC 07-25 against 1601-1759 East 130' x' Street, LLC,
Respondent, for new violations of the Illinois Environmental Protection Act, 415 ILCS
5/21(p), found at the same property during an inspection on October 3, 2006 by CDOE
inspectors Stanley Kaehler and Lafayette Roberston . On December 21, 2006,
Respondent petitioned the Board to contest AC 07-25 and moved to consolidate AC 07-
25 with AC 06-41 .
CDOE opposes consolidating AC 07-25 with AC 06-41 . The Illinois Pollution
Control Board ("Board") has the authority to consolidate proceedings for the purpose of
hearing or decision or both . 35 III . Adm. Code 101 .406 . The Board will consolidate
proceedings if consolidation is in the interest of convenient, expeditious, and complete
determination of claims, and if consolidation would not cause material prejudice to any
party. Id. Consolidating AC 07-25 and AC 06-41 will not serve these interests .
First, the facts in each case do not arise from the same act or occurrence . The
citations, AC 07-25 and AC 06-41, contain separate violations based on two different
inspections over six months apart . Furthermore, different CDOE inspectors conducted
each of the inspections and, therefore, the witnesses at each hearing will be different .
Although the respondent and the location are the same in both cases, consolidating these
claims will not improve the efficiency of discovery, pre-hearing preparations, or hearing
on the claims because of the distinct facts unique to each citation .
Second, the proceeding for AC 06-41 has been pending for nearly eight months
and is ready for hearing. CDOE has responded to all of Respondent's discovery requests
by providing documents and making Mr
. Maciel available for deposition . Consolidation
2
would unnecessarily delay the imminent hearing on AC 06-41 and, therefore, cause
prejudice to CDOE .
For the reasons stated herein, these cases should be considered separately and on
their own merits . CDOE respectfully requests that the Board deny Respondent's request
to consolidate AC 07-25 with AC 06-41 .
Respectfully submitted,
CITY OF CHICAGO
DEPARTMENT OF ENVIRONMENT
Dated: January 4, 2007
Jennifer A. Burke
Senior Counsel
City of Chicago Department of Law
30 N . LaSalle Street, Suite 900
Chicago, IL 60602
(312) 742-3990
Mara S. Georges, Corporation Counsel
of the City of Chicago
3
