ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY (Belvidere North CACR),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-10
    (UST Appeal)
    ______________________________________
     
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY (Belvidere North CAP),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
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    PCB 04-11
    (UST Appeal)
    (Consolidated)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    This matter is before the Board on a December 12, 2003 motion to consolidate filed by
    the Illinois State Toll Highway Authority (ISTHA). To date, the Illinois Environmental
    Protection Agency (Agency) has not filed a response to the motion.
     
    In the motion, the ISTHA requests that Board dockets PCB 04-10 and PCB 04-11 be
    consolidated for the purposes of hearing and decision. The ISTHA asserts that the parties and
    the burdens of proof are the same, and that the corrective action completion report at issue in
    PCB 04-10 is intertwined with the corrective action plan and budget at issue in PCB 04-11. Mot.
    at 1-2. The ISTHA contends that consolidation would not cause material prejudice to any party.
    Mot. at 2.
     
    As previously stated, the Agency has filed no response to the motion. If a party files no
    response to a motion within 14 days the party will be deemed to have waived objection to the
    granting of the motion.
    See
    35 Ill. Adm. Code 101.500(d). Pursuant to the Board’s procedural
    rules, the Board will consolidate proceedings if the consolidation is in the interest of the
    convenient, expeditious and complete determination of claims and would not cause material
     
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    prejudice to any party. 35 Ill. Adm. Code 101.406. The Board will not consolidate proceedings
    where the burdens of proof vary.
    Id
    . The Board finds that consolidation is appropriate in this
    situation, however the motion is granted only in part. The two proceedings are consolidated for
    purposes of hearing, but not necessarily for decision. All future pleadings in this matter should
    be filed using the above caption.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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