REC~VED
    CLERK’S
    OFFICE
    BEFORE THE ILLNOIS
    POLLUTION CONTROL BOARD
    DEC
    1
    2
    2003
    ILLINOIS STATE TOLL HIGHWAY
    )
    STATE OF ILLINOIS
    AUTHORITY (Belvidere North CAP),
    )
    Pollution
    Control Board
    )
    Petitioner,
    )
    )
    v.
    )
    PCB-04-11
    .~
    )
    (UST Appeal)
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,.
    )
    )
    Respondent.
    )
    NOTICE
    OF
    FILING AND
    PROOF OF SERVICE
    PLEASE TAKE NOTICEthat on December
    12, 2003, wefiled with the Clerk ofthe Illinois
    Pollution Control Board the originals and nine (9) copies each, viapersonal delivery, ofPetitioner’s
    Motion to
    Consolidate, for filing
    in the above-entitled
    cause, copies ofwhich are attached hereto.
    The undersigned herebycertifies that true and correct copies oftheNotice ofFiling, together
    with
    copies of the documents
    described above, were
    served
    upon the above-named
    persons by
    enclosing same in envelopes addressed to said persons, and by depositing said envelopes in a United
    States Post Office Mail Box at Chicago, Illinois, with post
    e fully
    prepaid, o
    -the
    12th day of
    December, 2003.
    ~ecial
    sis~ar~
    Attorney General,
    Illinois State Toll Highway Authority
    Kenneth W. Funk, Esq.
    Phillip
    J. Zisook, Esq.
    Karen Kavanagh Mack,
    Esq.
    Special Assistant Attorney Generals
    Deutsch, Levy
    & Engel, Chartered
    225
    W.
    Washington Street-#1700
    Chicago, IL
    60606
    (312) 346-1460
    TO:
    Carol Sudman
    Hearing Officer
    Illinois Pollution Control Board
    P.O.
    Box
    19274
    1021 North Grand Avenue, East
    Springfield, Illinois
    62704
    John Kim
    Special Assistant Attorney General
    Illinois Environmental Protection Agency
    P.O. Box
    19276
    1021 North Grand Avenue, East
    Springfield,
    IL
    62794-9276
    TI-ITS FILING IS SUBMITTED ON RECYCLED PAPER
    RECEIVED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARI~LERK’SOFFICE
    ILLINOIS STATE TOLL HIGHWAY
    )
    DEC
    122003
    AUTHORITY (Belvidere North CAP),
    )
    STATE
    OF
    ILLINOIS
    )
    Pollution
    Control Board
    Petitioner,
    )
    )
    v.
    )
    PCB-04-11
    )
    (UST Appeal)
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    )
    Respondent.
    )
    MOTION TO CONSOLIDATE FOR PURPOSES
    OF HEARING AND DECISION
    NOW
    COMES the Petitioner,
    the Illinois
    State
    Toll
    Highway Autbority
    (“ISTHA”), by
    KennethFunk, Phillip Zisook and Karen Kavanagh Mack, Special Assistant Attorneys General,and
    pursuant to 35
    Ill. Adm. Code
    101.406 respectfully states as follows:
    1.
    On June 13,2003, the Illinois EnvirOnmental Protection Agenëy (“Agency”)modified
    ISTHA’s corrective action plan and
    budget and
    rejected ISTHA’s high priority corrective action
    completion report for the Belvidere North Oasis.
    2.
    OnNovember 6,2003, the Board acceptedPCB 04-10 (BelvidereNorth CACR) and
    PCB 04-11 (Belvidere North CAP) for hearing.
    3.
    Section
    101.406 ofthe Board procedural rules provides:
    The Board will consolidate two
    or more
    proceedings if consolidation is in the
    interest of convenient, expeditious, and complete determination ofclaims, and
    if
    consolidation would not cause
    material prejudice to any party. The Board will not
    consolidate proceedings where the burdens of proof vary. 35
    Iii. Adm. Code
    101.406.
    4.
    The parties in PCB 4-10 (Belvidere North CACR) and PCB 04-11 (Belvidere North
    CAP) are the same, the burdens of proofare identical and the corrective action completion report is
    intertwined with the corrective action plan and budget.
    5.
    A consolidation is in the interest of convenient, expeditious, and complete
    determination of claims, and consolidation would not cause material prejudice to any party.
    WHEREFORE, ISTHA respectfullyrequests the Board consolidatethePCB 04-10 and PCB
    04-11 for hearing and decision.
    Respectfully submitted,
    ILLINOIS
    STATE TOLL HIGH~1AY
    AUTHORITY
    By:___
    /One oI~hei~a~orneys
    Kenneth W. Funk, Esq.
    Phillip
    J. Zisook, Esq.
    Karen Kavanagh Mack, Esq.
    Deutsch, Levy & Engel, Chartered
    225 W. Washington Street, Suite 1700
    •
    Chicago, IL
    60606
    •
    •
    •
    (312)346-1460
    Firm No. 90235
    TI-IIS FILING IS
    SUBMITTED ON
    RECYCLED PAPER

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