ILLINOIS POLLUTION CONTROL BOARD

June

2,

1988

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

 PCB 84—122

ACME SOLVENT RECLAIMING

 INC.,

an Illinois Corporation

)

Respondent.

ORDER OF THE BOARD

 (by J.D. Dumelle):

This matter comes before

 the Board upon the Illinois

Environmental Protection Agency’s

 (Agency) motion

 to dismiss

complaint without prejudice made at hearing

 on April

11,

 1988.

In support of its motion the Agency stated

 as follows:

This

 complaint

was

 filed

 before

 the Board

on

August

3,

 1984.

It

is

 a Board

Order follow—

up action which

 seeks

 to enforce

 the Board’s

Order

 of PCB 72—228/ PCB 72—436.

That Order

 required

 restoration

of

the

 site,

on

 information

 and belief

 that

 site

was

not

adequately

 restored

per

the

 Order

and

 this

action

was

 commenced

in

 order

to

 seek

enforcement of

 that part

 of the Order.

On

 information

and

 belief,

a

 Federal

 action

has

 been

 commenced

 concerning

the

 Acme

 site

and pursuant

 to this Federal action,

 a clean-

up was

 conducted

 and generators

 were pursued

for

 the Clean—up cost

 and on information

and

belief,

the

 site

has

 been

 restored

and

the

liable

 parties

and

 potentially

 responsible

parties

 have

 paid

for

 at least 95

 percent

of

the clean

up.

Because

 the restoration

of

 the site has been

accomplished

at

the

 cost

to

 liable

 parties,

the

 object

of

 this

 action

has

 substantially

been

 achieved

and

 therefore,

the

 Agency

requests

 that

 this

 complaint

be

 dismissed

without prejudice,

 in the event

 that

 it needs

to

 address

any

 further

 undiscovered

 ground

90—01

—2—

water

 contamination

at

the

 site.

 Therefore,

the

 Agency

 respectfully

 requests

 that

 this

motion

to

 dismiss

 this

 action

 without

prejudice be granted.

The Agency’s motion

 to dismiss without prejudice

 is hereby

granted.

 This docket

 is closed.

 In the event that the Agency

seeks to take any further

 action against Respondent,

 a new docket

will be opened,

 and this record can be incorporated

 by reference

therein.

IT IS

 SO ORDERED.

I,

 Dorothy M.

 Gunn,

 Clerk

 of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

_____________

day

of

 1988 by

 a vote

of

Dorothy

M.

 Gunn, Clerk

Illinois Pollution Control Board

90—02