ILLINOIS POLLUTION CONTROL BOARD
    September 3,
    1992
    KELLEY-WILLIANSON COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 92—10
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    At the hearing held April 29,
    1992, Petitioner chose not to
    present a case.
    Instead, they recited that a settlement was
    agreed to and that petitioner would be filing a motion to
    dismiss.
    R.
    9.
    This case is presently due October 21,
    1992.
    No
    motion to dismiss has been filed.
    The Board will not allow a deadline case to remain on its
    docket without a schedule for completion.
    Unless petitioner
    files, before September 14,
    1992,
    a motion for voluntary
    dismissal or an open waiver of the Board’s decision deadline,
    this case will be subject to dismissal for want of prosecution.
    On September 2,
    1992,
    Kelley—Williamson filed a “Motion to
    Accept Settlement” with the Board.
    Section 101.241 prohibits the
    Board from granting any motion until the expiration of the 7-day
    response period unless undue delay or material prejudice will
    result.
    This case is presently due October.2l,
    1992.
    Due to the
    approaching due date in this case the Board will consider this
    motion without awaiting a response from the Agency to avoid undue
    delay.
    Furthermore, the Board will not grant this motion,
    so the
    Board is not required to wait until the expiration of the 7-day
    response period.
    The motion to accept the settlement is denied.
    The
    settlement consists of the testimony presented at hearing.
    There
    is no signed settlement agreement before the Board.
    The Board
    has previously refused to accept settlement agreements in permit
    appeal cases due to the lack of a record on which the Board can
    exercise its independent judgment and make proper findings of
    facts and conclusions of law.
    (General Electric v. EPA (September
    12,
    1991), PCB 90—65.)
    Because there
    is no signed settlement
    agreement before the Board and no record to support the terms of
    the settlement the Board denies the motion to accept the
    settlement.
    IT IS SO ORDERED.
    0135-0515
    2
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Bo~ard,hereby certify that the above order was adopted on the
    ~
    day of
    ~~‘j7.4~
    ,
    1992, by a vote of
    7
    ~‘
    4
    /1’
    c~’~/
    ~
    ~,
    •/J~~~
    Dorothy M. ~
    Clerk
    Illinois Pollution Control Board
    0135-0516

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