ILLINOIS POLLUTION CONTROL BOARD
    February 4,
    1993
    COUNTY OF MADISON,
    )
    )
    Complainant,
    )
    v.
    )
    AC 92—76
    )
    (County Docket No. 92—02)
    (Administrative Citation)
    )
    DUANE ARNOLD,
    )
    )
    Respondent.
    COUNTY OF MADISON,
    )
    Complainant,
    )
    V.
    )
    AC 92—80
    )
    (County Docket No. 92-03)
    )
    (Administrative Citation)
    )
    (consolidated)
    LAKESIDE ROOFING COMPANY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    On February
    2,
    1993,
    the Board received
    a
    letter from the
    hearing officer dated January 29, 1993 forwarding documents which
    the parties had filed with the hearing officer but not with the
    Board.
    These included a January 26, 1992 motion to consolidate AC
    92-76 and AC 92-80 filed by respondent Lakeside Roofing Co., and a
    January
    27,
    1992
    letter
    from
    petitioner
    agreeing
    to
    the
    consolidation.
    The letter from the hearing officer indicated his
    intent to enter an order consolidating these cases at the time of
    hearing, scheduled for February 8,
    1993.
    The Board first notes that the procedural rules require that
    ~
    motions be filed with the Board, whether they are directed to
    the Board or the hearing officer.
    35 Ill. Adm
    Code 101.241(a).
    The parties are directed to comply with this requirement in the
    future.
    Secondly, although the procedural rules do not specify whether
    n~otionsto consolidate will be handled by the Board or the hearing
    officer,
    the Board
    prefers to rule upon such motions
    itself
    in
    order to insure consistency of approach.
    The Board agrees with the
    parties
    and
    the
    hearing
    officer
    that
    these
    cases
    should
    be
    0139-0113
    2
    consolidated since the respondent in AC 92—76, Duane Arnold,
    is one
    of
    Lakeside’s
    employees,
    and
    both
    adininstrative
    citations
    are
    predicated on the same incident and set of facts, which occurred on
    September 8,
    1992.
    The motion to consolidate is hereby granted.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boar
    ,
    hereby certify that the above order was adopted on the
    day of _______________________,
    1993, by a vote of
    Dorothy N. ~nn,
    Clerk
    Illinois P6.~’lutionControl Board
    0139-01
    IL4

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