ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    ILLINOIS STATE TOLL HIHGWAY
    AUTHORITY (Des Plaines South),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-103
    PCB 04-119
    (UST Appeal)
    (Consolidated)
     
      
      
    ORDER OF THE BOARD (by A.S. Moore):
    The Illinois State Toll Highway Authority (ISTHA) has filed two petitions asking the
    Board to review two final decisions of the Illinois Environmental Protection Agency (Agency).
    Both Agency decisions concern ISTHA’s leaking underground storage tank (UST) site at the
    Des Plaines South Oasis, located at milepost 4.5, eastbound on the Northwest Tollway (I-90) in
    Des Plaines, Cook County. The Board has separately accepted each petition for hearing. Today
    the Board grants ISTHA’s motion to consolidate the two appeals.
    On April 1, 2004, the Board accepted for hearing ISTHA’s March 23, 2004 petition
    asking the Board to review the Agency’s November 18, 2003 determination modifying ISTHA’s
    corrective action plan budget. The Board docketed the appeal as PCB 04-103. On April 15,
    2004, the Board accepted for hearing ISTHA’s April 7, 2004 petition asking the Board to review
    the Agency’s December 4, 2003 determination rejecting ISTHA’s high priority corrective action
    plan completion report. The Board docketed the appeal as PCB 04-119.
    At issue today is ISTHA’s April 29, 2004 motion to consolidate the two appeals for
    hearing and decision. ISTHA states that the parties and the burdens of proof are the same in the
    two appeals, and that the “facts relating to the Corrective Action Plan and Budget are materially
    similar to those relating to the Corrective Action Completion Report.” Motion at 2. ISTHA
    further states that “consolidation is in the interest of convenient, expeditious, and complete
    determination of claims, and consolidation would not cause material prejudice to any party.”
    Id
    .
    ISTHA has waived the Board’s statutory decision deadline in each appeal to November 3, 2004.
    The Board grants ISTHA’s motion.
    See
    35 Ill. Adm. Code 101.406. Future filings must
    reflect the amended caption of this order.
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
      

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