ILLINOIS POLLUTION CONTROL BOARD

March 2, 1978

ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

v,

)

PCB

77—346

OWENS-ILLINOIS, INC.,

Respondent.

-

and

-

OWENS-ILLINOIS, INC.,

Petitioner,

V.

)

PCB 77-288

CONSOLIDATED

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER

OF THE BOARD

(by

Mr. Goodman):

On

February 1, 1978,, Owens-Illinois, Inc.

•

filed

a Motion

seeking consolidation

of PCB 77-288~. a permit denial appeal, with

PCB 77-346, an enforcement case.

On February 6, 1978, the

Agency

filed a Response in Opposition to

the Motion to Consolidate. The

Board finds that the

interest of expeditious, convenient

and

complete determination

of claims will best be served by

consoli-

dation of these cases.

The Board notes ~:b~tconsolidation

does

not broade the scope

of review in the permit doubt

appeal nor does

it create issues

not properly before

the Board in ~he

enforcement

case

Counsel for Owens—Illinois has

represented orally that

Owens—Illinois will file

an open waiver of the 90—day rule

which

would otherwise apply

in PCB 77-288. Based upon that

representa-

tion, the Board hereby grants

Owens—Ill:Lnois~ motion

to

consolidate

PCB 77-346 with PCB 77-288,

29 —

321

---

—2—

The Agency on February 6, 1978, filed a Motion to Stay the

proceedings in PCB 77-346 pending decision in PCB 77-288. However,

having consolidated these two cases, the Board finds the Motion

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollutio~Control

Board, hereby certify the above Order was adopted on the ~

day

of

,

Illinois Pollution Control Board

29

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