ILLINOIS POLLUTION CONTROL BOARD
    March 15, 2007
    VILLAGE OF WILMETTE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-48
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 21, 2006, the Board accepted this underground storage tank appeal for
    hearing. On January 18, 2007, Wilmette filed a motion seeking to consolidate this proceeding
    with PCB 07-27, Village of Wilmette v. IEPA. The Agency has not responded to 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 PCB 07-27, 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

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