ILLINOIS POLLUTION CONTROL BOARD

April 22, 1993

OLIN CORPORATION,

Petitioner,

)

v.

)

PCB 93-4

)

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by R.C. Flemal):

On April 15, 1993, Olin Corporation (Olin) and the Illinois

Environmental Protection Agency (Agency) filed a joint motion to

dismiss this action without prejudice based on a stipulation.

Olin states that its facility no longer anticipates receiving

waste from an off-site pretreatment facility. The stipulation is

basically an agreement by Olin to withdraw the appeal based on an

agreement by the Agency not to determine that the Olin facility

is a regional pollution control facility or a new regional

pollution control facility.

The parties want the instant matter to be dismissed without

prejudice to preserve the right to appeal any future

determinations made by the Agency. The Board notes that any

future determinations by the Agency would be reviewable under the

provisions of the Act. Therefore, there is no need to preserve

rights of future action for this appeal.

The Board hereby grants the motion to dismiss, with

prejudice. The Board does not make any finding as to the

substance of the stipulation.

IT IS SO ORDERED.

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

Board, hereby certif’zthat,the above order was adopted on the

~~day

of

___________________,

1993, by a vote of ~

/~

Dorothy M. g~/nn, Clerk

Illinois PaJIlution Control Board