ILLINOIS POLLUTION CONTROL BOARD

May 24, 1979

INTERLAKE,

INC.,

Petitioner,

v.

)

PCB 79—104

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Goodman):

On May

8,

1979, Interlake,

Inc.,

filed a motion to Con-

solidate this variance proceeding with a permit appeal

it

initiated, docketed

PCI3 79—55.

In the alternative,

Interlake

moves for the appointment of the same hearing officer in both

proceedings and for a continuance of the hearing scheduled by

the Hearing Officer in PCB 79-55 from May 30,

1979,

to

a date

which allows the hearing

in PCB 79—55 and the hearing on PCB

79-104

to be scheduled consecutively,

either on the same day

or on successive days.

The Board has recently stated that consolidation of a permit

appeal and a variance proceeding

is inappropriate because of the

different types of proof and issues involved in these two types

of cases.

Interlake,

Inc.

v.

EPA, PCB 79-38

(Order of the Board,

dated April 26,

1979); Beker Industries Corp.

v.

EPA, PCB 79—9

(Order of the Board, dated January 18,

1979).

The Motion to

Consolidate

is

hereby denied.

However,

the Board finds that the

request for consecutive hearings by the same hearing officer is

reasonable and hereby grants it.

The Board has today granted

Interlake’s request for continuance of the hearing scheduled

in

PCB 79—55 for May 30,

1979.

We hereby order that consecutive

hearings in PCB 79—55 and PCB 79-104 be held within 45 days of

the date of this Order.

IT

IS

SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control ~oard,

hereby certify the above Order was adop ed on

the

____

day of

______________,

1979 by a vote of

0

Christan L. Moffe y,yolerk

Illinois PollutionL~&ntrolBoard

33—609