ILLINOIS POLLUTION CONTROL BOARD
    October 6, 1994
    FIRST COLONIAL BANK-ROSENONT,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—193
    (UST-Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by C.A. Manning):
    On July 14, 1994, First Colonial Bank-Roseinont (Bank) filed
    a petition for review of an Illinois Environmental Protection
    Agency’s (Agency) June 9, 1994 rejection of its Leaking
    Underground Storage Tank (LUST) site soil physical classification
    and groundwater investigation plan. The Bank’s facility is
    located at 9850 Balmoral, Rosemont, Cook County, Illinois. The
    Board accepted this matter for hearing on July 21, 1994.
    On October 3, 1994 Bank filed a motion to dismiss the appeal
    without prejudice. In the motion the Bank states that the it
    submitted an amended plan to the Agency on September 9, 1994.
    The Agency approved the amended plan on September 14, 1994. Bank
    states that based on this the parties agreed that the Bank would
    withdraw this appeal without prejudice and the Agency would
    withdraw its rejection without prejudice.
    Under Section 40 of the Environmental Protection Act (415
    ILCS 5/40 (1992)) an appeal must be filed within 35 days of the
    date of the Agency’s final decision. Therefore, a subsequent
    petition would be time barred, and the Board cannot dismiss this
    appeal without prejudice.
    The motion to voluntarily dismiss is granted. This matter
    is hereby dismissed and the docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders within
    35 days of the date of service of this order. The Rules of the
    Supreme Court of Illinois establish filing requirements. (See
    also 35 Ill. Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    ~oard, hereby certify that the above order was adopt~don the
    ~t~day
    of
    _______________,
    1994, by a vote of
    ~7
    ~L 4L~~
    Dorothy N. Guflh, Clerk
    Illinois PolZ~tionControl Board

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