ILLINOIS POLLUTION CONTROL BOARD

May 24,

1979

INTERLAKE,

INC.,

Petitioner,

v.

)

PCB 79—55

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

On May

8,

1979,

Interlake,

Inc.,

filed a Motion to Con-

solidate this permit appeal with a variance proceeding it

initiated, docketed PCB 79—104.

In the alternative,

Interlake

moves for the appointment

of the same hearing officer in both

proceedings and for a continuance of the hearing scheduled by

the Hearing Officer

in PCB 79-55 from May 30,

1979,

to a date

which allows the hearing

in PCB 79-55 and the hearing on PCB

79—104 to be scheduled consecutively,

either on the same day

or on successive

days.

The Board has recently stated that consolidation of a per-

mit appeal and a variance proceeding

is inappropriate because

of the different types of proof and issues involved in these

two types

of cases.

Interlake,

Inc.

v.

EPA, PCB 79—38

(Order

of the Board, dated April

26, 1979);

Beker Industries Corp

v.

EPA,

PCB 79—9

(Order of the Board, dated January 18,

1979).

The Motion to Consolidate

is hereby denied.

However,

the

Board finds that the request for consecutive hearings by the

same hearing officer is reasonable.

We will grant the request

and order that consecutive hearings

in PCB 79—55 and PCB 79—104

be held within

45 days of the date

of this Order.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk

of the Illinois Pollution

Control Board, hereby certify the above Order was adopte~on

the

~

day of

______________,

1979 by a vote of

~

~L~L

Christan L. Moff

,

Clerk

Illinois Pollutio

ontrol Board

33—605