ILLINOIS POLLUTION CONTROL BOARD
    August 22, 1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 90-89
    (Enforcement)
    FRED JOHf~SON,JOHNSON & BRIGGS
    )
    TANK TRUáK SERVICE,
    a/k/a
    )
    JOHNSON
    & BRIGGS TANK TRUCK
    )
    & HEATER SERVICE,
    an Illinois
    corporation,
    Respondents.
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 91—123
    (Enforcement)
    HERMAN
    L.
    LOEB,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Theodore Meyer):
    This
    case
    is
    before
    the
    Board
    on
    two
    motions
    filed
    by
    complainant the Illinois Environmental Protection Agency (A~ency)
    on August 14,
    1991.
    Respondents have not filed a response.
    The Agency first asks that this case be consolidated with the
    pending case of Illinois Environmental Protection Agency v.
    Loeb,
    PCB
    91-123.
    The Agency
    notes
    that
    Mr.
    Loeb
    was
    originally
    a
    respondent in the instant proceeding, and maintains that the issues
    1
    The Board notes that although respondents’ time to respond
    to these motions has not yet expired, one of the motions involves
    a requested continuance of the August
    28 and 29,
    1991 hearings in
    this
    case.
    Therefore,
    the Board
    finds that material prejudice
    would result
    if we were to delay
    a decision on the motions until
    the
    expiration
    of
    the
    response
    period.
    (See
    35
    Il1.Adm.Code
    101.241(b).)
    125—313
    2
    in both cases arise from a common nucleus of operative facts, and
    that
    a complete determination of either case cannot be had without
    the presence of all parties.
    Thus, the Agency asks that the two
    cases be consolidated.
    The Board grants the motion to consolidate.
    Section 103.141 of the Board’s procedural rules provides that the
    Board may consolidate enforcement proceedings in the interests of
    “convenient, expeditious, and complete determination of claims.”
    The
    Board
    finds
    that
    this
    case
    and
    PCB
    91—123
    would
    be more
    conveniently,
    expeditiously,
    and completely resolved if the two
    cases ar~consolidated.
    Second,
    the Agency
    asks
    that the
    Board
    continue
    hearings
    presently scheduled in PCB 90-89 for August 28 and 29,
    1991.
    The
    Agency states that discovery in PCB 90-89
    is not yet complete,
    in
    part as a result of a stay issued in this case in 1990.
    The Agency
    also notes that it has been unable to take the deposition of an
    out-of-state
    witness,
    and
    that
    it
    wishes
    to
    take
    Mr.
    Loeb’s
    deposition as well.
    The Agency states that counsel for the other
    parties in PCB 90-89 and PCB 91-123 have indicated that they have
    no objection to this motion for continuance.
    Because this case has
    been consolidated today,
    and because the Board believes that the
    Agency
    should
    have
    a
    reasonable
    opportunity
    to
    complete
    its
    discovery, the motion to continue hearings is granted.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby ce~tifythat
    the above
    Order
    was
    adopted
    on
    the
    ~
    day of ~L-~
    ~
    ,
    1991, by a vote of
    7~
    Dorothy M. ~unn,
    Clerk
    Illinois Poflution Control Board
    125—314

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