ILLINOIS POLLUTION CONTROL BOARD
    June 13, 1974
    ENVIRONMENTAL PROTECTION AGENCY
    )
    COMPLAINANT
    )
    V.
    )
    CITIZENS UTILITIES COMPANY OF ILLINOIS,
    )
    AN ILLINOIS CORPORATION,
    )
    RESPONDENT
    )
    PCB 73—316
    CITIZENS UTILITIES COMPANY OF ILLINOIS,
    )
    AN ILLINOIS CORPORATION,
    )
    RESPONDENT
    -
    CROSS-COMPLAINANT
    )
    V.
    )
    VILLAGE OF BOLINGBROOK, ILLINOIS
    AN ILLINOIS MUNICIPAL CORPORATION
    INTERVENING PETITIONER
    -
    CROSS-
    RESPONDENT
    ORDER
    OF THE BOARD (by Mr. Marder)
    This matter
    comes
    to
    the Board
    on
    Motion of Citizens Utilities
    Company
    for
    Rehearing and Vacation of our Order dated April 18,
    1974,
    filed on May 14,
    1974.
    The April 18, 1974,
    Order dismissed the
    Cross—Complaint on Motion
    of Cross-Respondent
    Rule
    309 of the BoardEs Procedural
    Rules states as follows:
    Consolidation and Severance of Claims: Additional Parties
    ~In
    the interest of convenient, expeditious, and complete
    determination of
    claims the Hearing Officer
    or
    the Board
    may (emphasis added) consolidate or sever enforcement,
    var—
    Farce,
    permit, ~or other adjudicative claims
    involving
    any
    number of parties, or may
    order additional parties to be
    brought
    :Ln
    pursuant to the
    provisions
    of Rule
    303
    (C)
    The Board s April 18, 1974
    •
    Order
    states
    that the filing of ile
    oross~comoia1nt ~as not timely,
    in
    that by the
    time
    the
    Board
    actat
    -l~- ri~t~-~
    ~ear~cs
    ~n ~-“e ~r~crLno_
    ~c~a
    ~
    a ~1~-es~.
    ~c
    —2—
    In consolidating actions the Board has discretion in allowing
    such action. The Rule provides the Board may allow consolidation.
    The Board found at that time, and reaffirms now, that consolida-
    tion would not be in the best interests of an expeditious hearing in
    the originally docketed case. Consolidation of these matters would
    cause delays in the hearings already underway, because of discovery,
    etc.
    Therefore, it is the conclusion of the Board that the interest
    of prompt adjudication of the originally docketed case would not be
    served by allowing Citizens Utilities to proceed with a cross-com-
    plaint against the Village of Bolingbrook.
    This decision in no way affects the rights of Citizens Utilities
    to bring a complaint against the Village at any time.
    ORDER
    IT IS THE
    ORDER
    of the Pollution Control Board that Motion for
    Rehearing and to Vacate Order filed by Citizens Utilities Company
    is hereby denied.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, certify that the above Order was adopted by the Board on the
    13th d~yof June, 1974, by a vote of 4 to 0~
    12—506

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