ILLINOIS POLLUTION CONTROL BOARD
    September 17,
    1992
    AMERICAN FLY ASH
    COMPANY,
    )
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—106
    )
    (Permit Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    •
    Respondent.
    ORDER OF THE
    BOARD
    (by B. Forcade):
    On
    September
    15,
    1992,
    American
    Fly
    Ash
    Company
    and the
    Illinois Environmental Protection Agency filed
    a Joint Motion to
    Dismiss.
    The Board notes that petitioner’s filing requests that
    this proceeding be dismissed without prejudice.
    Since the filing
    indicates that the appeal was brought from issuance by the Agency
    of
    administrative
    warning
    notices,
    which
    are
    not
    appealable
    actions,
    no
    appeal
    can
    ever
    be
    brought
    from
    this
    action.
    Therefore,
    the
    concept
    of
    dismissal
    without
    prejudice has
    no
    meaning here.
    The motion is granted and this matter is dismissed.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certfy that the above order was adopted on the
    /7~
    day of
    ________________,
    1992, by a vote of
    7’-
    C
    Dorothy M. ~nn,
    Clerk
    Illinois PoJ~4utionControl Board
    0136-0071

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