BEFORE THE POLLUTION CONTROL BOARD
C’~ERK’~~
QFF’~
OF THE STATE OF ILLINOIS
JU~U92005
RED
ROOSTER CORPORATION
)
STATE OF ILLINOIS
(f/k/a
CLARK RETAIL ENTERPRISES,
)
Pollution
Control
Board
INC.) (CLARK OIL #2086),
)
)
Petitioner,
)
PCB No.
05425
)
v.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO CONSOLIDATE
NOW COMES Petitioner, RED ROOSTER CORPORATION, through its
undersigned attorney, and pursuant to this Board’s procedural rule 101.406,
35
Iii. Adm.
Code 10 1.406, moves this Board to consolidate for purposes of hearing this matter with
another pending leaking underground storage tank fund reimbursement appeal, case PCB
05-126. In support of this motion, Petitioner states as follows:
1. This case is an appeal from an Illinois Environmental Protection Agency
(IEPA)leaking underground storage tank fund reimbursement decision.
2. The facility at issue, including its remediation, the leaking underground
storage tank incident number, consultants involved, and all other relevant information,
are identical in this case with those in another pending leaking underground storage tank
fund reimbursement appeal, PCB
05-126.
Moreover, the record in this case is identical to
that in PCB 05-126, as revealed by the records submitted recently by IEPA.
3. Although the issues differ slightly, all other aspects of this case and PCB 05-
126 are identical, and therefore, consolidation is in the interest of convenient,
expeditious, and complete determination of both claims, and will benefit both parties, and
prejudice none.
4. Accordingly, consolidation is appropriate as provided by 35 Ill. Adm. Code
101.406.
WHEREFORE, Petitioner, RED ROOSTER CORPORATION, requests that this
Board consolidate this matter with the case in PCB
05-126.
Respectfully submitted,
RED ROOSTER CORPORATION f/k/a
CLARK RETAIL ENTERPRISES, INC.
Petitioner,
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
tel:
(217)523-2753
fax: (217)523-4366
hedingerlaw~cityscape.net
2
)
)
)
)
)
)
vi.
)
)
)
)
)
)
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and nine copies of the foregoing Motion
to Consolidate, and of this Notice of Filing and Proof of Service, were served upon the
Clerk of the Illinois Pollution Control Board, and one copy to each of the following
parties ofrecord in this cause by enclosing same in an envelope addressed to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Suite 11-500
Chicago, IL 60601
John J. Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, IL 62794-9276
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
(217)
523-2753
phone
(217) 523-4366 fax
This document prepared on recycled paper
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RED ROOSTER CORPORATION
(f/k/a CLARK RETAIL ENTERPRISES,
INC.) (CLARK OIL #2086),
Petitioner,
RECE WED
CLERK’S OFFICE
JUN
092005
STATE OF ILLINOIS
Pollution Control Board
PCB No. 05-125
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
with postage fully prepaid, and by depositing saRJ~nvelopein a U.S. Post
Box in Springfield, Illinois before 5:30 p.m. on
e, 2005.
~~~Heding~’
Office Mail
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