ILLINOIS POLLUTION CONTROL BOARD
    June 1,
    1995
    SPRAYLAT
    RA,
    )
    )
    Petitioner,
    PCB
    94—312
    v.
    )
    (UST
    FUND)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by E. Dunham):
    This matter comes before the Board on “Petitioner’s Motion
    to Dismiss with Leave to Refile”
    filed on May 19,
    1995.
    Petitioner moves to dismiss the petition with leave to refile
    if
    respondent fails to fulfill the conditions of the settlement
    agreed to by the parties.
    Pursuant to the agreement,
    respondent
    is to issue a voucher to the petitioner in the amount of
    $56,870.00.
    The Board cannot grant petitioner the right to refile its
    petition for review since appeals can only be filed within 35
    days of the Illinois Environmental Protection Agency’s
    (Agency)
    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.)
    However, the Board believes that petitioner would be
    able to pursue additional action in this matter to enforce the
    settlement.
    The Board will grant the motion to dismiss and directs the
    parties to effectuate their agreement.
    The Board will
    incorporate the letters of May
    5,
    1995 and May
    10,
    1995 between
    the parties expressing the terms of the settlement.
    In the event
    that petitioner fails to fulfill the provisions of the
    settlement,
    petitioner may elect to file a new
    action against
    respondent for failure to obey a Board order or seek enforcement
    of this Board order in the appropriate circuit court.
    In the event that the parties believe that this order does
    not effectuate the intent of the parties, the parties may elect
    to file a motion for reconsideration with the Board.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    The Board hereby accepts the agreement of the parties as
    delineated in the Agency’s letter of May
    5,
    1995 offering
    2
    final settlement of this UST fund case,
    and ratified by
    Petitioner by letter dated May 10,
    1995.
    2.
    The Board orders that the Agency cause to be issued funds in
    the amount of $56,870.00 to Petitioner,
    as agreed between
    the parties.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992)), provides for appeal of final orders of the Board
    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
    Board, hereby certify that the above opin
    and order was
    adopted on the
    /~*
    day of
    __________________,
    1995,
    by a vote of
    7-c)
    Dorothy M. G~’n,Clerk
    Illinois Po~.y.1tionControl Board

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