ILLINOIS POLLUTION CONTROL BOARD

July 21, 1994

CAPITAL ASSET CORPORATION

)

AND INDUSTRIAL INVESTORS

)

LIMITED PARTNERSHIP,

)

Petitioner,

V.

)

PCB 94—147

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by C. A. Manning):

On July 11, 1994, Capital Asset Corporation and Industrial

Investors Limited Partnership filed a motion to dismiss without

prejudice its petition for review of the Illinois Environmental

Protection Agency’s (Agency) Underground Storage Tank Fund

reimbursement determination. The Board grants the motion.

However, the request to dismiss without prejudice is denied.

Appeals can only be filed within 35 days of the Agency’s

determination, so that any attempt to reopen this case would be

jurisdictionally barred. (See Metropolitan Airport Authority of

Rock Island v. Office of State Fire Marshal (March 31, 1994), PCB

94-45.) This matter is hereby dismissed and the docket closed.

IT IS SO ORDERED.

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

Board, hereby ce fy that the above order was adopt,pd on the

~/-~

day of

______________,

1994, by a vote of ~-~C)

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~orothy M. G~3~n, Clerk

Illinois Polll.ition Control Board