ILLINOIS POLLUTION CONTROL BOARD
April
9,
1992
ISRAEL-GERROLD’S, an Illinois
general partnership, FIRST ILLINOIS
)
BANK
AND
TRUST f/k/a LAGRANGE
)
STATE BANK,
as Trustee under Trust
)
No.
1130,
and
LEARSI AND
CO.,
INC.,
)
an Illinois corporation,
)
Petitioners,
PCB 91—108
v.
)
(Underground
)
Storage Tank Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):.
This matter is before the Board on petitioners’ March 26,
1992 motion to dismiss its appeal without prejudice.
The.appeal
is dismissed.
Ordinarily~ a voluntary dismissal of an appeal
would bar petitioners’ i~ightto further challenge the subject of
that appeal.
However, this case is governed by the Board’s
decision in Ideal Heating Company v. Illinois Environmental
Protection Agency (January 23,
1992), PCB 91—253.
Any further
appeal of the issues in this case must be pursuant to Ideal
Heating.1
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certif~Tthat the above order was adopted on the
~‘TZ”
day of
______________,
1992,
by a vote of
7”
/
/
/1
Vi
~
~
~
J/’~
Dorothy M.,,~inn,Clerk
Illinois Po’llution Control Board
1
The Board notes that, unlike the petitioner in Ideal
Heating, petitioners in this case must pay a filing fee if they
choose to challenge any subsequent Agency decision in this’ case.
132—63