ILLINOIS POLLUTION CONTROL BOARD
June 17, 1998
ILLINOIS STATE TOLL HIGHWAY
)
AUTHORITY,
)
)
Petitioner,
)
)
v.
)
PCB 98-88
PCB 98-134
)
PCB 98-115
PCB 98-135
ILLINOIS ENVIRONMENTAL
)
PCB 98-124
PCB 98-136
PROTECTION AGENCY,
)
PCB 98-125
PCB 98-137
)
PCB 98-132
PCB 98-138
Respondent.
)
PCB 98-133
PCB 98-139
)
(UST Appeals, Consolidated)
ORDER OF THE BOARD (by R.C. Flemal):
On June 11, 1998, petitioner and respondent filed an agreed motion to consolidate twelve
underground storage tank refund appeal cases. Also on June 11, 1998, petitioner filed decision
waivers in each of the twelve cases providing a common decision due date of March 31, 1999. Each
case concerns an oasis facility operated by petitioner, as follows:
PCB 98-88 (Lake Forest West Oasis)PCB 98-134 (Hinsdale West Oasis)
PCB 98-115 (
Belvidere South Oasis)
PCB 98-135 (Lake Forest West Oasis)
PCB 98-124 (Hinsdale East Oasis)
PCB 98-136 (Lake Forest East Oasis)
PCB 98-125 (Lincoln East Oasis)
PCB 98-137 (Des Plaines North Oasis)
PCB 98-132 (O’Hare East Oasis)
PCB 98-138 (Lincoln North Oasis)
PCB 98-133 (Des Plaines South Oasis)PCB 98-139 (O’Hare West Oasis)
Notwithstanding that the twelve cases concern separate facilities, petitioner and respondent
contend that the facts and issues attendant to each of the cases are substantially similar, and that
consolidation “would result in substantial judicial economy in terms of savings of costs and time by
the Board, the parties hereto and the people of the State of Illinois.” Motion at p. 2. Petitioner and
respondent further observe that they have entered into settlement negotiations with respect to the
issues and believe that settlement discussions may be furthered, but in no event hindered, by
consolidation of the cases. Motion at p. 2.
The motion to consolidate is hereby granted. The caption in these matters is today modified
to reflect the consolidation.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
order was adopted on the 17th day of June 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board