ILLINOIS POLLUTION CONTROL BOARD
    March 15, 2007
    VILLAGE OF WILMETTE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-27
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 2, 2006, the Board accepted this underground storage tank appeal for
    hearing. On November 22, 2006, the Illinois Environmental Protection Agency (Agency) filed a
    motion for summary judgment. Pursuant to orders by the hearing officer petitioner, the Village
    of Wilmette (Wilmette) response is not yet due. On January 18, 2007, Wilmette filed a motion
    seeking to consolidate this proceeding with PCB 07-48, Village of Wilmette v. IEPA. The
    Agency has not responded to the motion to consolidate
    Today the Board addresses only the motion to consolidate. The Board “will consolidate
    the proceedings if consolidation is in the interest of convenient, expeditious, and complete
    determination of claims, and consolidation would not cause material prejudice to any party.” 35
    Ill. Adm. Code 101.406. Currently, a motion for summary judgment is pending in this
    proceeding, but not in PCB 07-48. Thus, until the motion for summary judgment is resolved or a
    similar motion is filed in PCB 07-48, the Board finds that consolidation is not in the interest of
    convenient, expeditious, and complete determination of the claims. Therefore, the Board denies
    the motion to consolidate.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 15, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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