BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-24
v.
)
)
)
(IEPA No. 304-06-AC)
C. JOHN BLICKHAN,
)
Respondent.
)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-19
v.
)
)
)
(IEPA No. 23-08-AC)
C. JOHN BLICKHAN,
)
Respondent.
)
)
NOTICE OF FILING
To: Jon S. Faletto
Hinshaw & Culbertson, LLP
416 North Main Street
Suite 600
Peoria, Illinois 61602
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled MOTION TO
CONSOLIDATE FOR PURPOSES OF HEARING.
1
Electronic Filing - Received, Clerk's Office, June 10, 2008
* * * * * AC 08-19 * * * * *
Respectfully Submitted,
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: June 10, 2008
2
Electronic Filing - Received, Clerk's Office, June 10, 2008
* * * * * AC 08-19 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-24
v.
)
)
)
(IEPA No. 304-06-AC)
C. JOHN BLICKHAN,
)
Respondent.
)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-19
v.
)
)
)
(IEPA No. 23-08-AC)
C. JOHN BLICKHAN,
)
Respondent.
)
)
MOTION TO CONSOLIDATE
FOR PURPOSES OF HEARING
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois
EPA”), by and through its attorney, Special Assistant Attorney General Michelle M. Ryan, pursuant
to 35 Ill. Adm. Code 101.406 and 101.500, and respectfully states as follows:
(1)
Pursuant to 35 Ill. Adm. Code 101.500(b) and 101.502, this motion is directed to the
hearing officer.
(2)
On October 30, 2006, Illinois EPA filed Administrative Citation AC 07-24 against
Respondent, C. John Blickhan (“Respondent”) based on an inspection conducted at a property
3
Electronic Filing - Received, Clerk's Office, June 10, 2008
* * * * * AC 08-19 * * * * *
designated with Site Code No. 0010650002. On November 9, 2006, Respondent filed a Petition for
Review.
(3)
On February 29, 2008, Illinois EPA filed Administrative Citation AC 08-19 against
the Respondent, based on an inspection conducted at the same property. On March 24, 2008,
Respondent filed a Petition for Review through Jon S. Faletto, Hinshaw and Culbertson LLP.
(4)
On April 14, 2008, Jon Faletto moved for substitution of counsel in AC 07-24.
(5)
The parties and attorneys in these two cases are identical, Illinois EPA’s main
witnesses are likewise identical, and the burdens of proof are identical.
(6)
Consolidation for the purpose of hearing is in the interest of convenient, expeditious,
and complete determination of claims in each of these cases.
(7)
No material prejudice would be caused by consolidating these cases for hearing.
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board
consolidate the pending actions against Respondent for purposes of hearing.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
4
Electronic Filing - Received, Clerk's Office, June 10, 2008
* * * * * AC 08-19 * * * * *
5
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, June 10, 2008
* * * * * AC 08-19 * * * * *
PROOF OF SERVICE
I hereby certify that I did on the 10
th
day of June, 2008, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy of
the following instrument(s) entitled MOTION TO CONSOLIDATE FOR PURPOSES OF
HEARING.
To: Jon S. Faletto
Hinshaw & Culbertson, LLP
416 North Main Street
Suite 600
Peoria, Illinois 61602
Carol Webb, Hearing Officer
Pollution Control Board
P.O. Box 19274
1021 North Grand Avenue East
Springfield, Illinois 62794-9274
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To: John Therriault, Acting Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, June 10, 2008
* * * * * AC 08-19 * * * * *
