ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    R.W. SHERIDAN OIL CO., INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    ) PCB 03-88
    )
    )
    )
    )
    )
     
     
     
     
    PCB 04-109
    (UST Appeal)
    (Consolidated)
     
      
      
    ORDER OF THE BOARD (by A.S. Moore):
    On January 29, 2004, R.W. Sheridan Oil Co., Inc. (Sheridan) filed a motion to
    consolidate two underground storage tank (UST) appeals pending before the Board. For the
    reasons below, the Board grants the motion.
    By way of background, on April 3, 2003, the Board accepted Sheridan’s petition asking
    the Board to review a November 13, 2002 determination of the Illinois Environmental Protection
    Agency (Agency). In its determination, the Agency modified Sheridan’s proposed High Priority
    Corrective Action Plan and UST Fund Budget concerning a leaking UST site at 301 South
    Chestnut in Le Roy, McClean County. The Board docketed that appeal as PCB 03-88. On
    January 8, 2004, the Board accepted another Sheridan petition, this time asking the Board to
    review a November 26, 2003 determination of the Agency. In that determination, the Agency
    modified Sheridan’s proposed Amended High Priority Corrective Action Plan and UST Fund
    Budget concerning the same leaking UST site in Le Roy. The Board docketed that appeal as
    PCB 04-109.
    In its motion to consolidate, Sheridan represents that the primary dispute in both appeals
    is over project manager time under the respective plans for remediating contamination at the
    same site. Motion at 1-2. Sheridan further states that consolidation would be in the interest of a
    convenient, expeditious, and complete determination of the claims and would not materially
    prejudice either party. Sheridan also notes that the burden of proof in each appeal is the same.
    Id
    . at 2. The Agency has not objected to consolidation, and Sheridan has waived the statutory
    decision deadline in each appeal to May 20, 2004.
    The Board grants Sheridan’s motion to consolidate. The appeals are consolidated for
    hearing, but not necessarily for Board decision.
    See
    35 Ill. Adm. Code 101.406. Future filings
    must reflect the amended caption of this order.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 5, 2004, by a vote of 4-0.
     
    2
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
      

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