ILLINOIS POLLUTION CONTROL BOARD

May 20, 1999

KENDALL-GRUNDY FS, INC.,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

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PCB 99-98

(Tax Certification Appeal)

ORDER OF THE BOARD (by C.A. Manning):

This matter comes before the Board on a joint motion for consolidation filed on May 5,

1999, by both Cass County Service Company in PCB 99-31 and Kendall-Grundy FS, Inc., in

PCB 99-98 (petitioners). Petitioners request that the Board consolidate both of these tax

certification appeals for purposes of hearing since the issues and the facts “will largely be the

same in both cases.” Petitioners state that for purposes of conservation of time of both the

litigants and the Board, consolidation would be appropriate.

Consolidation requires that the same parties and same site be involved in both cases. In

these cases, however, different petitioners and different sites are involved. The only

similarities in both of these matters are that they both involve tax certification appeals, the

same attorney represents both petitioners, and the Illinois Environmental Protection Agency is

the respondent in both cases. Due to the differences between these cases, the Board denies the

motion to consolidate.

The Board notes that both of these matters may be scheduled for hearing in a

coordinated fashion so as to conserve resources of all of the parties. The Board orders that the

same hearing officer be assigned to both PCB 99-31 and PCB 99-98 so that the parties may

expeditiously proceed to hearing on a coordinated hearing schedule.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above order was adopted on the 20th day of May 1999 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board