ILLINOIS POLLUTION CONTROL BOARD

October 29, 1987

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complaint,

vs.

)

PCB 86—51

SUPER CONTAINER COMPANY,

a dissolved Illinois

corporation, and JOHN J.

)

JAGIELLA, d/b/a SUPER

CONTAINER COMPANY, and

individually,

Respondents.

ORDER OF THE BOARD (by J. Anderson):

On October 16, 1987, the Agency filed a motion for voluntary

dismissal of this action without prejudice. In its motion the

Agency noted that a hearing was held on June 29, 1987 at which

respondents did not appear, noting also that respondents had

never otherwise appeared in this case. However, on July 20, 1987

the Agency discovered that notice to respondents was defective

due to improper service of process. The motion further stated

that:

In exercise of the prosecutorial discretion

afforded the Office of the Attorney General,

Petitioner brings present motion in anticipation of

a future refiling and to ensure no future

jurisdictional attacks.

As respondents have never appeared in this case, the Board

finds that there will be no prejudice to them. Accordingly, the

Agency’s motion for voluntary dismissal of this action without

prejudice is hereby granted.

IT IS SO ORDERED.

I, Dorothy M. Guna, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the ~2?~-day of

_____________,

1987, by a vote of

7-c’

Dorothy

.

Gunn, Clerk

Illinois Pollution Control Board

82—515