BROADUS OIL,
Petitioner,
V .
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
1.,
6 20
06
STATE OF ILLINOIS
Pollution Contrpl Board
PCB 0431
PCB 05-43
(UST Appeal)
)'
.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
NOTICE O1' FILING AND PROOF OF SERVICE
To:
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Melanie Jarvis
Division of Legal Counsel
IL Environmental Protection Agency
1021 N. Grand Ave . East
P.O. Box 19276
Springfield, IL 62794-9276
The undersigned certifies that an original and nine copies of Petitioner's Motion to
Consolidate for Purpose of Decision were served upon the Clerk of the Illinois Pollution Control
Board, and one copy was served upon the hearing officer and the above party of record in this
case by enclosing same in envelopes with postage fully prepaid, and by depositing said
envelopes in a U .S
. Post Office Mail Box before 5 :30 p .m . in
. Springfield, Illinois on the y
of December, 2006 .
I
Step en F. He i e
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax : (217) 523-4366
hedinger @cityscape.net
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVE[,
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
00
6 2006
BROADUS OIL,
)
Pollution
STATE OFControl
ILLINOIS
Board
Petitioner,
)
v.
)
PCB 04-31
PCB 05-43
ILLINOIS ENVIRONMENTAL PROTECTION
)
(UST Appeal)
AGENCY,
)
(Consolidated)
Respondent .
)
MOTION TO
CONSOLIDATE FOR PURPOSE OF DECISION
NOW COMES Petitioner, BROADUS OIL (hereinafter "Broadus"), by and through its
undersigned attorney, and pursuant to this Board's procedural rules 101
.406 and 101 .502, 35 III .
Adm . Code 101 .406 and 101
.502, moves this Board to consolidate this matter with another case
pending before this Board, for purposes of decision only
. In support of this motion, Broadus
states as follows :
1 .
This matter is currently pending before this Board on cross motions for summary
judgment.
2.
Petitioner has become aware that in another case pending before this Board,
FedEx Ground Package System, Inc . v
. IEPA, PCB 07-012, the precise legal issue
that is before the Board in the instant matter is also raised in a motion for
summary judgment .
3 .
The FedEx Ground Package System
case is currently still in the briefing stage,
with the Petitioner's cross-motion for summary judgment due to be filed by
December 15, 2006.
4.
Because of the identical legal issue, consolidation of the instant matter with the
FedEx Ground Package System case is prudent and would constitute efficient and
effective use of this Board's resources . Although consolidating the two matters
for decision may result in a slight delay in this Board's ruling in the instant case,
that slight delay would be more than made up for through consistency of the
Board's ruling, and the opportunity for the Board to consider the legal issue in
more than one single, isolated factual context .
5.
This Board's procedural rule 101 .406 expressly allows for the consolidation of
two or more proceedings for the purpose of hearing or decision or both.
Consolidation is allowed where it is in the interest of convenient, expeditious, and
complete determination of claims, and where the
. consolidation will not materially
prejudice any party
. In addition, consolidation is not available where the burden
of proof varies .
6.
Again, consolidation here with be convenient, expeditious, and will allow for a
complete and consistent determination of the legal issue presented by both cases
.
In addition, no prejudice will accrue as to any party by this consolidation
.
Finally, both pending matters are appeals from, IEPA LUST Fund decisions, and
the two cases require the same burden of proof
.
7 .
Simultaneously with this motion, Broadus is submitting a supplemental decision
deadline waiver in order to match the decision deadline in this case with the
current decision deadline in the
FedEx Ground Package System case.
Accordingly, the two cases can proceed at the same pase with respect to this
Board's review of summary judgment pleadings, without concern that the instant
a..
matter will reach its deadline in advance of the FedEx Ground Package S sy tem
matter.
8 .
The petitioner in FedEx Ground Package System case has filed a similar motion
to consolidate in PCB 07-012 .
WHEREFORE, Petitioner, BROADUS OIL, requests that this Board consolidate this
matter for decision with PCB 07-Q12, and grant to Petitioner all such other and further relief as
this Board deems just and appropriate .
Respectfully submitted,
BROADUS OIL,
Petitioner,
By its attorney,
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone : (217) 523-2753
Fax: (217) 523-4366
hedinger@cityscape .net
By
HEDINGER
W OFF CE
3
