ILLINOIS POLLUTION CONTROL BOARD
September 2, 2004
COUNTY OF JACKSON,
Complainant,
v.
EGON KAMARASY,
Respondent.
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AC 04-63
(Site Code #0778095036)
AC 04-64
(Site Code #0778125013)
(Administrative Citation)
(Consolidated)
ORDER OF THE BOARD (by A.S. Moore):
On August 30, 2004, complainant, the County of Jackson (County), filed a motion to
consolidate two administrative citation proceedings docketed as AC 04-63 and AC 04-64.
Respondent in both administrative citations is Egon Kamarasy. In separate orders, the Board
accepted Mr. Kamarasy’s petitions for hearing in each administrative citation. Docket AC 04-63
concerns a site in Makanda, Jackson County, identified as site code #0778095036. Docket AC
04-64 concerns a site in Carbondale, Jackson County, identified as site code #0778125013.
In the motion to consolidate, the County states that consolidation of the two
administrative citation proceedings is “expeditious, in the interest of convenience, and will result
in a complete determination of all claims.” Motion at 1. According to the County, consolidation
“will not cause either party material prejudice.”
Id
. The County further represents that counsel
for Mr. Kamarasy did not object to consolidation.
Id
.
Section 101.406 of the Board’s procedural rules allows the Board to consolidate two or
more proceedings under the circumstances the County describes.
See
35 Ill. Adm. Code
101.406. Further, the burden of proof does not vary in these two administrative citations.
Id
.
Therefore, consistent with Section 101.406, the Board grants the County’s motion to consolidate.
The two administrative citation proceedings are consolidated for purposes of hearing, but not
necessarily for decision.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 2, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board