ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
VILLAGE OF WILMETTE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 07-48
(UST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On December 21, 2006, the Board accepted this underground storage tank appeal for
hearing. On January 18, 2007, Wilmette filed a motion seeking to consolidate this proceeding
with PCB 07-27, Village of Wilmette v. IEPA. The Agency has not responded to 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 PCB 07-27, 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