ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
    ARLYN’S SERVICE CENTER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-130
    (UST Appeal)
    _______________________________________
     
    ARLYN D. FISK d/b/a ARLYN FISK’S
    SERVICE CENTER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-145
    (UST Appeal)
    (Consolidated)
     
     
          
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 10, 2006, Arlyn’s Service Center filed a petition asking the Board to review the
    Illinois Environmental Protection Agency’s (Agency) determination. At issue is the Agency’s
    denial of certain costs of corrective action for Arlyn’s Service Center’s leaking underground
    petroleum storage tank facility located at 210 East Pine, Percy, Randolph County. On April 20,
    2006, the Board accepted the petition, docketing the matter as PCB 06-130.
     
    On March 13, 2006, Arlyn D. Fisk d/b/a Arlyn Fisk's Service Center (Arlyn Fisk) filed a
    petition asking the Board to review a February 2, 2006 determination of the Agency. At issue is
    the Agency’s rejection of the Site Investigation Plan and associated budget for the same site
    referenced in PCB 06-130. The Board accepted the second petition for hearing on March 16,
    2006, docketing the matter as PCB 06-145.
     
    On May 1, 2006, the petitioner in each case filed an identical motion to consolidate. In
    the motions, the petitioners state that the facility at issue, the incident numbers, the consultants
    involved and all other relevant information are identical in the two cases. Mot. at 1. The
    petitioners assert that the consolidation is in the interest of convenient, expeditious and complete
    determination of both claims, and will result in no prejudice to either party.
    Id.
    The petitioners
     
    2
    assert that a settlement in principal has been reached in each case, and that for administrative
    convenience the two cases should be monitored together during the pendency of the settlement
    negotiations. Mot. at 2.
     
    To date, the Agency has not filed a response to the motions. If a party files no response
    to a motion within 14 days the party will be deemed to have waived objection to the granting of
    the motion.
    See
    35 Ill. Adm. Code 101.500(d).
     
    Pursuant to Board rules, the Board will consolidate proceedings if consolidation is in the
    interest of convenient, expeditious and complete determination of claims, and if the
    consolidation would not cause material prejudice to any party. 35 Ill. Adm. Code 101.406. The
    Board finds that consolidation of PCB 06-130 and PCB 06-145 will not materially prejudice any
    party, and will assist in the expeditious and complete determination of the claims before us. As
    reflected in the caption above, the Board grants the petitioners’ motion to consolidate these
    petitions for hearing, but not necessarily for decision.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 18, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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