ILLINOIS POLLUTION CONTROL BOARD
September
1,
1994
MONTGOMERY COUNTY,
ILLINOIS,
Complainant,
V.
)
AC 94—31
AC 94—47
)
(cons.)
(Administrative Citation)
ENVOTECH-ILLINOIS,
INC.
)
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
This matter is before the Board on an August 12,
1994 motion
to consolidate,
filed by respondent Envotech-Illinois,
Inc.
(Envotech).
Envotech seeks to consolidate two administrative
citation cases, docketed as AC 94—31 and AC 94-47.
Complainant
Montgomery County,
Illinois, has not filed a response.
Envotech notes that AC 94-3 1 alleges two counts of
“uncovered refuse” and two counts of “litter”, while AC 94—47
alleges one count of “uncovered refuse”.
Envotech states that
the claims arising from the two citations have common questions
of law and fact, and that the same potential witnesses,
including
the landfill inspector, would testify in both cases.
Envotech
maintains that consolidating the two cases would save the Board,
Mongomery County, and Envotech the expense and inconvenience of
two separate hearings.
Further, Envotech argues that hearing may
reveal a pattern of “wrongful enforcement” against Envotech,
so
that it is necessary to have a single proceeding to reveal that
pattern.
Thus,
Envotech asks the Board to consolidate these two
citations for all purposes.
Envotech’s motion is granted.
Administrative citation cases
AC 94-31 and AC 94-47 are consolidated for purposes of hearing
and decision.
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
~
,
1994, by a vote of
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LI
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Dorothy N.
Gtinn, Clerk
Illinois Pollution Control Board