ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
     
    REZMAR CORPORATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-91
    (UST Appeal)
    PCB 02-116
    (UST Appeal)
    (Consolidated)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    This matter is before the Board on a June 13, 2002 motion to consolidate proceedings.
    On April 8, 2002, Rezmar Corporation (Rezmar) filed a petition for review of an Illinois
    Environmental Protection Agency (Agency) decision dated December 3, 2001. The Agency
    decision concerns corrective action costs relating to underground storage tanks (USTs) located
    at 850 North Ogden Avenue, Chicago, Cook County. The Board accepted the petition for
    hearing on April 18, 2002, and docketed the matter as PCB 02-91.
     
    On May 21, 2002, Rezmar filed a petition for review of a separate Agency decision
    dated January 16, 2002. The second Agency decision also involves corrective action costs
    relating to the USTs located at 850 North Ogden Avenue. On June 6, 2002, the Board
    accepted the second petition for hearing, and docketed the matter as PCB 02-116.
     
    In the motion to consolidate, Rezmar asserts that the Agency decisions of December 2,
    2001 and January 16, 2002 were issued in connection with the same facility and LUST Incident
    Number. Mot. at 2.
    1 Rezmar contends the decisions were made on two separate
    reimbursement packages, and involve substantially similar subject matter.
    Id
    .
     
    Rezmar asserts that a consolidation of the two petitions will result in a more expeditious
    use of administrative resources, and will not cause material prejudice to either party. To date,
    the Agency has not filed a response to the motion to consolidate. Pursuant to Section
    101.500(d) of the Board’s procedural rules, if a party fails to file a response within 14 days
    after service of a motion, the party is deemed to have waived objection to the granting of the
    motion.
    See
    35 Ill. Adm. Code 101.500(d).
     
    The Board will consolidate proceedings if consolidation is in the interest of convenient,
    expeditious and complete determination of claims, and if the consolidation would not cause
    1 Rezmar’s June 13, 2001 motion to consolidate will be referred to as “Mot. at __.”
     
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    material prejudice to any party. 35 Ill. Adm. Code 101.406.
    The Board finds that consolidation of PCB 02-91 and PCB 02-116 will not materially
    prejudice any party, and will assist in the expeditious and complete determination of the claims
    before us. As reflected in the caption, the Board grants Rezmar’s motion to consolidate. The
    Board makes no determination as to whether these cases will be consolidated for purposes of
    final decision.
     
    IT IS SO ORDERED.
     
    Board Member N.J. Melas abstained.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 11, 2002, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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