ILLINOIS POLLUTION CONTROL BOARD
October 17, 1996
IRMA L. LOPEZ, JOSE MARTINEZ, JOEL
)
R. GARAY, AND JOSE GONZALEZ,
)
)
Complainants,
)
PCB 97-17
)
(Enforcement - RCRA)
v.
)
)
CELOTEX CORPORATION, ALLIED-
)
SIGNAL, INC., AND THE ILLINOIS
)
ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondents.
)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board on a motion for continuance filed by
complainants on September 27, 1996. Complainants seek a continuance to respond to
Allied-Signal Inc.’s (Allied Signal) September 16, 1996 motion to dismiss.
Complainants state that following the pending resolution of a similar action before the
United States Environmental Protection Agency (USEPA), they may voluntarily dismiss
the instant action against Allied-Signal. Complainants further state that Allied-Signal
has signed an administrative order, on consent, regarding remediation of the same site
at issue in this matter (see 42 U.S.C.A. 9606 (1994)), and that the consent order is
awaiting final approval by the USEPA. Following the USEPA’s final approval,
complainants assert that they will voluntarily dismiss the instant action against Allied-
Signal. Therefore, complainants seek a continuance to file a response to Allied-Signal’s
motion to dismiss until such time as the USEPA approves or rejects the administrative
consent order.
The Board hereby grants complainants’ motion to continue until December 2,
1996, at which time complainants are directed to file either a response to Allied-
Signal’s motion or a status report. Accordingly, the Board will reserve ruling on all
pending motions in this matter.
IT IS SO ORDERED.
Board Member K. M. Hennessey abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
certify that the above order was adopted on the _____ day of ___________, 1996, by a
vote of _________________.
__________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board