ILLINOIS POLLUTION CONTROL BOARD

May 5,

1993

RIVERSIDE LABORATORIES,

 INC.,

Petitioner,

v.

)

 PCB 90—164

PCB 91—161

ILLINOIS ENVIRONNENTAL

)

 (Consolidated)

PROTECTION AGENCY,

)

 (Variance)

Respondent.

ORDER OF THE BOARD

 (by B.

 Forcade):

This matter

 is before the Board on an April

30,

 1993,

 filing

by both parties of a motion for consolidation in the above

captioned cases.

 On April

30,

 1993, both parties also filed a

status report and motion for continuance of stay in these cases

and

 a related permit appeal.

 Riverside’s filing was accompanied

by a waiver of decision deadline in all three cases until April

1,

 1994.

MOTIONS FOR CONSOLIDATION

Riverside and the Illinois Environmental Protection Agency

(“Agency”)

 state in their motions for consolidation that both

variance petitions pertain to Riverside’s manufacturing facility

in Geneva, Kane County.

 Additionally, the parties state that

both petitions relate to the Agency’s permit denial and concern

common facts and issues.

 Finally, the parties state that in the

interest of conserving time and paper when filing status reports

in these matters, that these cases should be consolidated.

Pursuant to 35

 Ill.

 Adlu.

 Code 103.141, the Board may

consolidate cases

 in the interest of “convenient,

 expeditious,

and complete determination of claims.”

 Therefore, the Board

grants both Riverside and the Agency’s motions for consolidation

of PCB 90—164 and PCB 91—161.

STATUS REPORTS

AND

MOTIONS FOR CONTINUANCE OF STAY

In their status reports, Riverside and the Agency state that

Riverside has two variance petitions pending before the Board,

PCB 91-161 and PCB 90-164

 (now consolidated)

 as well as a permit

appeal, PCB 90—165, all pertaining to the Part 218 papercoating

regulations as applied to Riverside.

 The Agency and Riverside

also state that Riverside has pending before the United States

Environmental Protection Agency (“USEPA”)

 a reconsideration of

the Federal Implementation Plan

 (“FIP”) papercoating regulations

as applied to Riverside.

 The parties also state that USEPA has

granted Riverside a stay of enforcement of the papercoating

limitations, pending final review.

 35 Ill. Adm. Code

O1L~2-OOII

2

218.103(a) (2)

 stays the effectiveness of Part 218 as applied to

each FIP appellant to the extent that each appellant receives a

stay of the FIP from the USEPA.

Based on the foregoing, the Agency requests in its status

 report and motion for continuance that the pending matters be

held in abeyance until April

1,

 1994.

 Riverside also asks that

the Board continue the stay of proceedings in these matters until

April

1,

 1994,

 at which time or at any other time as the Board

deems necessary,

 Riverside agrees to submit a status report in

this matter.

 Accordingly, the Board will enter a stay in both

cases until April

1,

 1994.

The parties are directed to file an updated status report on

or before October 29,

 1993.

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

 day of _________________________,

 1993,

 by a vote of

___

 /••

Dorothy M. ~iin, Clerk

Illinois PdIlution

 Control Board

V

~.2-OOI2