BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 29
2OOt~
STATE OF ILLINOIe~
ILLiNOIS STATE
TOLL HIGHWAY
)
POII~tj~~
Control
Bo~d
AUTHORITY (Des Plaines South),
)
)
Petitioner,
)
)
v.
)-~
PCB
04-103
)
(UST Appeal)
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
NOTICE
OF FILING AND PROOF OF SERVICE
TO:
Brad Halloran
John Kim
Hearing Officer
Special
Assistant Attorney General
Illinois Pollution Control Board
Illinois Environmental Protection Agency
100W. Randolph, Ste.
11-500
P.O. Box 19276
Chicago, IL 60601
1021
North Grand Avenue, East
Springfield, IL
62794-9276
PLEASE TAKE NOTICE that on April
,~9,
2004,
we filed with the Clerk ofthe 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 ofwhich are attached hereto.
Theundersignedhereby certifies that true and correct copies ofthe Notice ofFiling,together
with
copies of the
documents described above,
were
served
upon
the above-named persons
by
enclosingsame in envelopes addressed to said persons, and by depositing said envelopes in a United
States Post Office Mail Box at Chicago, Illinois,
with postage fully prepaid, on the
?Z~9
day of
April, 2004
A
-
-~~-/~---
pecial Assistan~IAttorneyGeneral,
Illinois
State
ToY! Highway Authority
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
THIS FILING IS SUBMITTED ON RECYCLED PAPER
3
-
166903.1
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
2921304
ILLINOIS STATE TOLL HIGHWAY
)
STATE OF
ILLINOIS
AUTHORITY (Des Plaines
South),
)
POlI~ti~n
Control Board
)
Petitioner,
)
)
v.
)
PCB
04-103
)
(UST Appeal)
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
MOTION TO CONSOLIDATE FOR PURPOSES OF
HEARINGAND DECISION
NOW
COMES the Petitioner,
the Illinois
State
Toll
Highway Authority (“ISTHA”), by
Kenneth Funk, Phillip Zisook and Karen Kavanagh Mack, Special Assistant Attorneys General, and
pursuant to
35
Ill. 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 Petition relating to the Corrective
Action Planand Budget, PCB 04-103 (Des Plaines
South) for hearing; and on April
15,
2004, the
Board accepted ISTHA’s Petition relating to the Corrective Action Completion Report, PCB 04-119
(Des Plaines South) for hearing.
3.
Section
10 1.406 ofthe Board procedural
rules provides:
The Board will consolidate two
or more
proceedings if consolidation is in the
interest ofconvenient, expeditious, and
complete determination of claims, and if
-
166903.1
consolidation would not cause material prejudice to
any party. The Board will not
consolidate proceedings where the burdens of proofvary.
35 Ill. Adm.
Code
101.406.
4.
The parties in PCB 04-103 and PCB
04-119 are the
same, the burdens of proofare
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 theinterest ofconvenient, expeditious, and complete
determination of claims, and consolidation would not cause material prejudice to any party.
WHEREFORE, ISTHA respectfully requests the Board consolidate PCB 04-103 and PCB
04-119 for hearing and decision.
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
Respectfully submitted,
ILLINOIS STATE TOLL HIGHWAY AUTHORITY
B’
THIS FILING IS SUBMITTED ON RECYCLED PAPER
One of their
2
-
166903.1
