BEFORE THE POLLUTION CONTROL BOARD
    OF THE STATE OF ILLINOIS
    VILLAGE OF WILMETTE,
    )
    Petitioner,
    1
    1
    PCB No. 07-027
    1
    PCB No. 07-048
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    1
    Respondent.
    )
    MOTION TO CONSOLIDATE
    The Petitioner, the Village of Wilmette ("Village"), pursuant to 35
    111. Adm. Code
    101.406, hereby moves this Board to consolidate the above-captioned matters. In
    support thereof the Village states as follows:
    1. Currently pending are two appeals involving a challenge by the Village of related
    IEPA decisions regarding cost reimbursement under the LUST program for corrective
    action completed at the Village's site located at 710 Ridge Road, Wilmette, Illinois. The
    appeals involve the same parties, the same site and would not materially prejudice either
    party. In addition, the burdens of proof in both matters are the same.
    2.
    PCB 07-27 involves IEPA's September 14, 2006 denial of the Village's High Priority
    Corrective Action Plan Budget amendment. PCB 07-48 involves IEPA's subsequent
    denial, dated November 13, 2006, of the Village's request for reimbursement of the costs
    for the remediation work associated with that amendment.
    3. The Village's budget amendment was not approved based upon IEPA's contention
    that such review was precluded under 35
    111. Adm. Code 732.405(d) because the Village's
    budget amendment had been submitted after the issuance of an NFR letter for the site.
    Accordingly, notwithstanding that the Village was seeking approximately $48,000.00 less
    than the total approved budget, since the budget amendment relating to variations within
    subcategories was not approved,
    IEPA did not approve the Village's final request for
    reimbursement as submitted.
    4. As such, any decision in PCB 07-48 is dependent upon and intertwined with the
    decision in 07-27. Therefore, consolidation would be in the interest of convenience and
    complete determination of the claims.
    5.
    Counsel for
    IEPA has no objection to the Village's motion for consolidation
    ELECTRONIC FILING, RECEIVED, JANUARY 18, 2007
    Dorothv M. Gunn, Clerk
    SERVICE LIST
    Grea Richardson
    Bradlev P. Halloran
    Illinois bollution dontiol Board
    lllikis Environmental Protection Agency
    lllinoisbollution Control Board
    James
    R, Thompson Center
    1021 North Grand Avenue, East
    James
    R. Thompson Center
    100 West Randolph Street
    P.O. Box 19276
    100 West Randolph Street
    Suite
    11-500
    Springfield, Illinois 62794-9276
    Suite 11-500
    Chicago, IL 60601
    21 7-782-5544
    Chicago, IL 60601
    PLEASE TAKE NOTICE that on January 18, 2007, I have filed with the office of the Clerk of the Pollution Control
    Board an
    MOTION TO CONSOLIDATE,
    a copy of which is herewith served upon you.
    ELECTRONIC FILING, RECEIVED, JANUARY 18, 2007
    WHEREFORE, the Village of Wilmette respectfully requests that this Board
    consolidate, for purposes of hearing and decision, the matter of PCB 07-27 and PCB
    07-
    48.
    Respectfully submitted,
    VILWGE OF WILM~TTE,
    Petitioner
    Dated: January 18, 2007
    Mary Beth Cyze, Esq.
    Assistant Corporation Counsel
    Village of Wilmette
    1200 Wilmette Avenue
    Wilmette,
    11
    60091
    8471853-7505
    ELECTRONIC FILING, RECEIVED, JANUARY 18, 2007

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