BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS STATE TOLL HIGHWAY
)
AUTHORITY (Des Plaines South),
)
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
)
)
Respondent.
)
RECEIVED
CLERK’S OFFICE
NOTICE OF FILING AND PROOF OF SERVICE
TO:
Brad Halloran
Hearing Officer
Illinois
Pollution Control Board
100 W. Randolph, Ste.
11-500
Chicago, IL 60601
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
P.O. Box 19276
1021 North Grand Avenue, East
Springfield,
IL
62794-9276
PLEASE TAKE NOTICE that on April
~,
2004, we filed with the Clerk of the Illinois
Pollution Control Board the originals and nine (9) copies each, viapersonal delivery, ofPetitioner’s
Motion to
Consolidate, for filing in the above-entitled cause, copies of which are attached hereto.
The undersigned herebycertifies that true and correct copies oftheNotice ofFiling,together
with
copies of the documents
described above,
were
served upon the
above-named persons
by
enclosing same in envelopes addressed to said persons,and by depositing said envelopes in a United
States Post Office Mail Box
at Chicago, Illinois, with postage fuiiy prepaid, on the
~~?9
day of
April, 2004.
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack,
Esq.
Special Assistant Attorney Generals
Deutsch, Levy & Engel, Chartered
225
W. Washington Street-#1700
Chicago, IL 60606
(312) 346-1460
~cial
Assistant Attorney General,
Illinois
State Toll J4ighway Authority
THIS FILING IS SUBMITTED ON RECYCLED PAPER
V.
APR 29
20114
STATE OF lLLItjOj~
P~II~ti~n
Control Board
)
)
)
)
PCB
-
04-119
(UST Appeal)
-
179318.1
RECERJED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
ILLINOIS STATE TOLL HIGHWAY
)
APR
2920114
AUTHORITY (Des Plaines South),
)
STATE OF
ILLINOIS
PoII~t~~~
Control Board
Petitioner,
)
)
v.
)
PCB-04-119
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
MOTION TO CONSOLIDATE FOR PURPOSES OF HEARING AND DECISION
NOW
COMES
the Petitioner, the Illinois
State
Toll Highway Authority (“ISTHA”), by
KennethFunk, Phillip Zisook and Karen KavanaghMack, Special Assistant Attorneys General, and
pursuant to 35111.
Adm.
Code 101.406 respectfully states as follows:
1.
On, November
18, 2003, the Illinois Environmental Protection Agency (“Agency”)
approved
ISTHA’s Corrective Action Plan,
but modified the Budget for the Des Plaines
South
Oasis.
Additionally, on December 4, 2003, the Agency rejected ISTHA’s High Priority Corrective
Action Completion Report for the Des Plaines South Oasis.
2.
On April
1, 2004,
the Board
accepted ISTHA’s Petitionrelating to the Corrective
Action Plan and Budget, PCB 04-103 (Des Plaines South)
for hearing; and on April
15,
2004, the
Board accepted ISTHA’sPetition relating to the Corrective Action Completion Report,PCB 04-119
(Des Plaines South) for hearing.
3.
Section 101.406
of the Board procedural rules provides:
The Board will consolidate
two
or more
proceedings if consolidation is in the
interest of convenient, expeditious, and
complete determination of claims, and if
consolidation would not cause material prejudice to
any party. The Board will not
consolidate proceedings where the burdens of proofvary.
35
Ill. Adm.
Code
-179318.1
10 1.406.
4.
The parties in PCB 04-103 and PCB 04-119 are the same, the burdens ofproof are
identical and the facts relating to the Corrective Action Plan and Budget are materially similar to
those relating to the Corrective Action Completion Report.
5.
A consolidation is in the interest ofconvenient, expeditious, and complete
determination ofclaims, and consolidation would not cause material prejudice to any party.
WHEREFORE, ISTHA respectfully requests theBoard consolidate thePCB 04-103 and PCB
04-1 19 for hearing and decision.
Respectfully
submitted,
ILLINOIS STATE TOLL HIGHWAY AUTHORITY
~
One of their at~orneys
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack,
Esq.
Deutsch, Levy & Engel, Chartered
225 W. Washington Street, Suite 1700
Chicago, IL
60606
(312)346-1460
Firm No.
90235
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
-179318.1
