ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
VILLAGE OF WILMETTE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 07-27
(UST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On November 2, 2006, the Board accepted this underground storage tank appeal for
hearing. On November 22, 2006, the Illinois Environmental Protection Agency (Agency) filed a
motion for summary judgment. Pursuant to orders by the hearing officer petitioner, the Village
of Wilmette (Wilmette) response is not yet due. On January 18, 2007, Wilmette filed a motion
seeking to consolidate this proceeding with PCB 07-48, Village of Wilmette v. IEPA. The
Agency has not responded to the motion to consolidate
Today the Board addresses only the motion to consolidate. The Board “will consolidate
the proceedings if consolidation is in the interest of convenient, expeditious, and complete
determination of claims, and consolidation would not cause material prejudice to any party.” 35
Ill. Adm. Code 101.406. Currently, a motion for summary judgment is pending in this
proceeding, but not in PCB 07-48. Thus, until the motion for summary judgment is resolved or a
similar motion is filed in PCB 07-48, the Board finds that consolidation is not in the interest of
convenient, expeditious, and complete determination of the claims. Therefore, the Board denies
the motion to consolidate.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board