ILLINOIS POLLUTION CONTROL BOARD
October 24,
1991
COMMONWEALTH
EDISON
COMPANY,
)
Petitioner,
PCB 91—158
v.
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
COMMONWEALTH
EDISON
COMPANY,
)
Petitioner,
PCB 91—179
v.
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.
C. Marlin):
On
October
4,
1991,
the
Petitioner
filed
a
Motion
to
Consolidate Proceedings
in Commonwealth Edison
v.
IEPA,
PCB
91-
158.;
Commonwealth Edison v.
IEPA, PCB 91-178; Commonwealth Edison
v.
IEPA, PCB 91-179; and Commonwealth Edison v.
IEPA,
PCB 91-180.
The
Respondent
did
not
filed
a
response.
The
Petitioner’s
facilities for which the permit is being sought in PCB 91-158 and
PCB 91-179 are located in Cook County.
The facilities in PCB 91-
178 and PCB 91-180 are located in Will County.
In support
of its Motion, Petitioner states that in all four
of the permit appeals the Petitioner is seeking review of the same
special permit condition.
In addition, the Petitioner states that
the same relief is being sought
in all four petitions.
Section 40 of the Environmental Protection Act requires that
notice of hearing shall be given to any person in the county where
the facility is located who has requested such notice and that such
notice be published in a newspaper of general circulation in the
county.
Section
103.125
of
the Board’s
procedural
rules
also
states that the
hearing
shall
be held
in the county where
the
facility
is
located unless the hearing
officer shall for stated
cause designate another county.
Therefore,
the Board denies the
Petitioner’s Motion to Consolidate Proceedings with regards to all
of the proceedings.
However, to conserve the resources of all the
126—609
2
parties, the Board will grant the consolidation of PCB 91-158 with
PCB 91-179.
Further, the Board will grant the consolidation of PCB
91—178 with PCB 91—180.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boa~~do hereby certif
th t the above Order was adopted on the
4day
of ________________________________,
1991, by a vote
of
~‘7-o
.~.
Dorothy N. G~hn,Clerk
Illinois Po~1utionControl Board
126—610