BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CEqEwED
S
OFFICE
MAY 0 12006
Pollution
STATE OF
Control
ILLINOISBoard
ARYLN D. FISK, d/b/a
)
ARLYN FISK'S SERVICE CENTER,
)
Petitioner,
)
PCB 06-130 &PCB 06-145
(UST appeal)
V .
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent .
To:
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R
. Thompson Center
Suite 11-500
Chicago, IL 60601-3218
Division of Legal Counsel -
Attn. Melanie Jarvis
Illinois Environmental Protection Agency
1021 N. Grand Ave. East
P .O. Box 19276
Springfield, IL 62794-9276
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 the following party of record and one copy to
the following hearing officer in this cause by enclosing same in an envelope addressed to
:
Carol Webb, Esq ., Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
with postage fully prepaid, and by depositing s id envelope in a U.S
. Post Office Mail Box in
y of
Springfield, Illinois before 5 :30 p .m. on h
ril, 2006.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone : (217) 523-2753
Fax : (217) 523-4366
er
This document prepared on recycled paper
ARYLN D. FISK, d/b/a
)
ARLYN FISK'S SERVICE CENTER,
)
Petitioner,
)
v.
) PCB 06-130
PCB 06-145
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
)
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 0 1 2006
Pollution
STATE OF
Control
I W NOIS
Board
MOTION TO CONSOLIDATE
NOW COMES Petitioner, ARLYN D . FISK, d/b/a ARLYN FISK'S SERVICE
CENTER, through his undersigned attorney, and pursuant to this Board's procedural rule
101 .406, 35 III . Adm. Code 101 .406,
moves this Board to consolidate the two pending appeals
from decisions of the Respondent, Illinois Environmental Protection Agency ("IEPA") (cases
PCB 06-130 and PCB
06-145) for purposes of hearing. In support of this motion, Petitioner
states as follows :
1 . These cases are appeals from IEPA's decisions on leaking underground storage tank
matters.
2
. The facility at issue, including its remediation, the leaking underground storage tank
incident numbers, consultants involved, and all other relevant information are identical in these
cases, PCB 06-130 and PCB 06-145 .
Moreover, the records in these cases are identical, as well .
3 .
The issues on review differ only slightly, and all other aspects of these cases,
PCB
06-130 and PCB 06-145,
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.
In addition, as the parties have advised the hearing officer, a settlement of both cases
has been reached in principal
. Full consummation of the settlement must await final payment of
the agreed claim from the leaking underground storage tank fund
; but upon that consummation
both cases can be dismissed
. For administrative convenience these two cases should be
monitored together during the pendency of the settlement consummation
. Petitioner is filing
open waivers of the decision deadlines in both cases this day
.
5
. Accordingly, consolidation is appropriate as provided by 35 111
. Adm . Code 101 .406.
WHEREFORE, Petitioner, ARLYN D
. FISK, d/b/a ARLYN FISK'S SERVICE
CENTER, requests that this Board consolidate cases PCB 06-130 and PCB 06-145
.
Respectfully submitted,
ARLYN D
. FISK, d/b/a ARLYN FISK'S
SERVICE CENTER
Petitioner,
By his undersigned attorney,
By:
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
telephone
: (217)523-2753
fax
: (217)523-4366
hedingerlaw@cityscape .net
