ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    Complainant,
    v.
    C. JOHN BLICKHAN,
    Respondent.
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    AC 07-24
    (IEPA No. 304-06-AC)
    AC 08-19
    (IEPA No. 23-08-AC)
    (Administrative Citation)
    (Consolidated)
    ORDER OF THE BOARD (by A.S. Moore):
    On October 20, 2006, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against C. John Blickhan in AC 07-24. The Agency alleged that
    the respondent violated Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act
    (Act) (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2006)). The Agency further alleged that the
    respondent violated these provisions by causing or allowing the open dumping of waste resulting
    in litter, open burning, and the deposition of general construction or demolition debris or clean
    construction or demolition debris at a facility located at Lock and Dam Road, Quincy, Adams
    County. On November 9, 2006, the respondent timely filed a petition to contest the
    administrative citation. In an order dated November 16, 2006, the Board accepted the petition
    for hearing.
    On February 29, 2008, the Agency timely filed an administrative citation against C. John
    Blickhan in AC 08-19. The Agency alleged that the respondent violated Sections 21(p)(1),
    (p)(3), and (p)(7) of the Act (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2006)). The Agency
    further alleged that the respondent violated these provisions by causing or allowing the open
    dumping of waste in a manner resulting in litter, open burning, and the deposition of general or
    clean construction or demolition debris at a facility located at Lock and Dam Road, Quincy,
    Adams County. On March 24, 2008, the respondent timely filed a petition to contest the
    administrative citation. In an order dated April 3, 2008, the Board accepted the petition for
    hearing.
    On June 10, 2008, the Agency filed a motion to consolidate for purposes of hearing
    (Mot.). The Agency argues that “[t]he parties and attorneys in these two cases are identical,
    Illinois EPA’s main witnesses are likewise identical, and the burdens of proof are identical.”
    Mot. at 2. The Agency further argues that “consolidation for the purpose of hearing is in the
    interest of convenient, expeditious, and complete determination of claims in each of these cases.”
    Id.
    The Agency claims that “[n]o material prejudice would be caused by consolidating these
    cases for hearing.”
    Id
    .;
    see
    35 Ill. Adm. Code 101.406 (consolidation of cases).
    2
    Section 101.500(d) of the Board’s procedural rules provides that, “[w]ithin 14 days after
    service of a motion, a party may file a response to the motion. If no response is filed, the party
    will be deemed to have waived objection to the granting of the motion, but the waiver of
    objection does not bind the Board or the hearing officer in its disposition of the motion.” 35 Ill.
    Adm. Code 101.500(d). The Board has received no response to the motion to consolidate from
    the respondent.
    The Board grants the Agency’s motion to consolidate. The appeals are consolidated for
    hearing, but not necessarily for Board decision.
    See
    35 Ill. Adm. Code 101.406. Future filings
    must reflect the caption of this order.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on July 10, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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