ILLINOIS POLLUTION CONTROL BOARD
    November
    29,
    1988
    TROJAN CORPORATION,
    a Delaware Corporation,
    )
    )
    Petitioner,
    v.
    )
    PCB 88—136
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Marlin):
    On November
    7,
    1988, Trojan Corporation
    (Trojan)
    filed
    a
    motion
    to consolidate
    the proceeding with the proceeding docketed
    as PCB 88—68.
    The Illinois Environmental Protection Agency
    (Agency) filed
    no response
    to this motion,
    In PCB 88—68, Trojan filed
    a petition
    to appeal
    a March
    7,
    1988 denial by the Agency of
    a closure plan modification
    requested by Trojan.
    That matter concerns Trojan’s Wolf Lake
    facility.
    Trojan asserts that its closure modification request
    sought
    a determination from the Agency that the Resource
    Conservation
    and Recovery Act (RCRA) did not apply
    to eight ponds
    (Ponds
    A,
    B,
    C,
    D,
    E,
    F,
    G and H) operated by Trojan.
    Trojan
    claims that those ponds do not contain hazardous waste
    materials.
    (PCB 88—68,
    Pet.,
    p.
    2—3).
    The Agency does not agree
    with Trojan that these ponds are not RCRA surface impoundment
    units.
    In this matter, Trojan filed
    a petition
    for review of
    a July
    22,
    1988 denial by the Agency of
    a permit requested
    to allow the
    land application of waste found ,in Trojan’s ponds
    (Ponds A,
    B,
    C,
    D,
    E,
    F,
    G,
    H,
    I,
    3,
    K,
    L,
    M,
    and N).
    In the July 22,
    1983
    letter,
    from the Division of Water Pollution,
    the Agency states
    that the Division of Land Pollution has already determined
    that
    Ponds
    A,
    B,
    C,
    D,
    E,
    F,
    G, and H are hazardous waste units.
    The
    letter goes on
    to state
    that the Division
    of Water Pollution
    “will not issue
    a permit for land application of the liquid from
    these ponds
    if the liquid
    is
    a hazardous waste.”
    In addition,
    the Agency cites
    a number of the concerns dealing with Ponds
    I,
    3,
    K,
    L,
    M,
    and N.
    (Pet.,
    Attach.
    C.)
    Trojan claims that the instant case should be consolidated
    with PCB 88—68 because
    the cases involve:
    Activities at the same
    facility; substantially the same documents
    (and witnesses);
    and
    the same determinations
    of waste types
    and closure methods.
    93—675
    —2—
    While some
    of the issues
    in this proceeding involve
    determinations of the Agency which were made
    in
    the Agency’s
    disposition of
    Trojan’s closure modification request
    (now issues
    in PCB 88—68),
    not all of the Agency’s concerns regarding the
    land application request
    (specifically, matters dealing with
    Ponds
    I,
    3,
    K,
    L,
    M,
    and N) are involved
    in PCB 88—68.
    The Board must review Agency permit decisions by evaluating
    the decision with respect to the record that was before
    the
    Agency and that which
    is generated by the Board’s own hearing.
    The record filed by the Agency in PCB 88—68
    is substantially
    different form the record filed
    in this proceeding.
    It
    is
    essential that these records be kept distinct and that the
    Agency’s decisions are evaluated against their respective
    records.
    The Board notes
    that a hearing
    in this matter
    and one
    in PCB
    88—68 has been scheduled for May
    1,
    1989.
    Iri
    addition, both
    cases will be heard by the same Hearing Officer.
    This will
    facilitate
    the presentation of Trojan’s cases
    and resolve any
    possible scheduling conflicts.
    However,
    the Board will not
    consolidate this proceeding with PCB 88—68.
    Trojan’s motion
    is
    denied.
    IT
    IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify that
    e above Order was adopted on
    the
    ~
    day of
    ____________,
    1988 by a vote
    of
    -o
    .
    Dorothy M.,/Gunri,
    Clerk
    Illinois Yollution Control Board
    93—676

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