ILLINOIS POLLUTION CONTROL BOARD
    October 18, 2001
     
    ESG WATTS, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
     
      
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    PCB 00-206
    PCB 00-207
    PCB 00-208
    PCB 01-62
    PCB 01-63
    PCB 01-64
    (Permit Appeal – Land)
    (Consolidated)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    On October 5, 2001, petitioner made an oral motion to consolidate these matters for
    hearing. The oral motion was made to the Board’s Hearing Officer, Steven Langhoff, during a
    pre-scheduled conference call. Respondent’s attorney was present for the conference call and
    made no objection to the requested consolidation. By hearing officer order of October 10, 2001,
    this matter was referred to the Board for disposition.
     
    The six cases for which consolidation is sought are all scheduled for hearings beginning
    on December 10, 2001. All six involve appeals by petitioner of Illinois Environmental
    Protection Agency determinations regarding financial assurance for each of petitioner’s three
    landfills (Sangamon Valley, Taylor Ridge, and Viola).
     
    Section 101.406 of the Board’s procedural rules provides that the Board may, upon the
    motion of any party or upon its own motion, consolidate two or more proceedings for the
    purpose of hearing or decision or both. 35 Ill. Adm. Code 101.406. Section 101.406 provides,
    in pertinent part:
     
    The Board . . . will consolidate the proceedings if consolidation is in the interest
    of convenient, expeditious, and complete determination of claims, and if
    consolidation would not cause material prejudice to any party. 35 Ill. Adm. Code
    101.406.
     
    In the interest of promoting a convenient, expeditious, and complete determination of
    claims between the parties, the Board grants petitioner’s oral motion to consolidate these matters
    for purposes of hearing. Neither party will be prejudiced by this consolidation. The Board
    defers a decision on consolidation for purposes of decision until after the hearing.
     
    The Board notes that petitioner’s October 5, 2001 waiver of decision deadline, filed as if
    the cases were already consolidated, will be applicable to each of the cases consolidated herein.
     
    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 October 18, 2001, by a vote of 7-0.
     
     
      
      
      
      
      
      
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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