BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
VILLAGE OF WILMETTE,
)
Petitioner,
1
1
PCB No. 07-027
1
PCB No. 07-048
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
1
Respondent.
)
MOTION TO CONSOLIDATE
The Petitioner, the Village of Wilmette ("Village"), pursuant to 35
111. Adm. Code
101.406, hereby moves this Board to consolidate the above-captioned matters. In
support thereof the Village states as follows:
1. Currently pending are two appeals involving a challenge by the Village of related
IEPA decisions regarding cost reimbursement under the LUST program for corrective
action completed at the Village's site located at 710 Ridge Road, Wilmette, Illinois. The
appeals involve the same parties, the same site and would not materially prejudice either
party. In addition, the burdens of proof in both matters are the same.
2.
PCB 07-27 involves IEPA's September 14, 2006 denial of the Village's High Priority
Corrective Action Plan Budget amendment. PCB 07-48 involves IEPA's subsequent
denial, dated November 13, 2006, of the Village's request for reimbursement of the costs
for the remediation work associated with that amendment.
3. The Village's budget amendment was not approved based upon IEPA's contention
that such review was precluded under 35
111. Adm. Code 732.405(d) because the Village's
budget amendment had been submitted after the issuance of an NFR letter for the site.
Accordingly, notwithstanding that the Village was seeking approximately $48,000.00 less
than the total approved budget, since the budget amendment relating to variations within
subcategories was not approved,
IEPA did not approve the Village's final request for
reimbursement as submitted.
4. As such, any decision in PCB 07-48 is dependent upon and intertwined with the
decision in 07-27. Therefore, consolidation would be in the interest of convenience and
complete determination of the claims.
5.
Counsel for
IEPA has no objection to the Village's motion for consolidation
ELECTRONIC FILING, RECEIVED, JANUARY 18, 2007
Dorothv M. Gunn, Clerk
SERVICE LIST
Grea Richardson
Bradlev P. Halloran
Illinois bollution dontiol Board
lllikis Environmental Protection Agency
lllinoisbollution Control Board
James
R, Thompson Center
1021 North Grand Avenue, East
James
R. Thompson Center
100 West Randolph Street
P.O. Box 19276
100 West Randolph Street
Suite
11-500
Springfield, Illinois 62794-9276
Suite 11-500
Chicago, IL 60601
21 7-782-5544
Chicago, IL 60601
PLEASE TAKE NOTICE that on January 18, 2007, I have filed with the office of the Clerk of the Pollution Control
Board an
MOTION TO CONSOLIDATE,
a copy of which is herewith served upon you.
ELECTRONIC FILING, RECEIVED, JANUARY 18, 2007
WHEREFORE, the Village of Wilmette respectfully requests that this Board
consolidate, for purposes of hearing and decision, the matter of PCB 07-27 and PCB
07-
48.
Respectfully submitted,
VILWGE OF WILM~TTE,
Petitioner
Dated: January 18, 2007
Mary Beth Cyze, Esq.
Assistant Corporation Counsel
Village of Wilmette
1200 Wilmette Avenue
Wilmette,
11
60091
8471853-7505
ELECTRONIC FILING, RECEIVED, JANUARY 18, 2007