ILLINOIS POLLUTION CONTROL BOARD
    September 15, 1994
    ERICH J. MANDEL,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—33
    (Enforcement)
    THADDEUS G. KULPAKA,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On February 25,
    1992, Erich J. Mandel filed a complaint
    against Thaddeus G. Kulpaka alleging various violations of the
    Environmental Protection Act.
    The allegations concerned several
    underground storage tanks
    (“USTs”) located on property owned by
    Mandel and previously owned by Kulpaka.
    On July 30,
    1992,
    the
    Board denied a motion by the respondent for summary judgment or
    dismissal.
    At that time the Board also struck portions of the
    complaint and dismissed Counts IV and V.
    On January 26,
    1993,
    Kulpaka filed a counterclaim against Mandel which the Board later
    found was neither duplicitous or frivolous.
    We therefore set the
    case for hearing.
    While it has been scheduled for hearing on
    December 16,
    1992,
    March 12,
    1993, November 8,
    1993 and December
    23,
    1993, all hearings have been cancelled by the parties and no
    hearings have therefore been held.
    Since the cancellation of the last hearing, the Board has
    had no further communications from the parties.
    Accordingly, we
    ordered on August 11,
    1994, that the petitioner show cause why an
    order dismissing this case should not be entered for lack of
    prosecution.
    In response, petitioner timely—filed a “Motion to
    Voluntarily Dismiss”
    the petition on August 24,
    1994.
    The complainant represents that the parties have reached a
    settlement in this matter which includes an agreement that they
    will jointly remediate the subject property currently owned by
    Erich J.Mandel and formerly owned by Thaddeus C. Kulpaka.
    Without setting forth the details, Mandel states there are
    outstanding contingencies to be resolved which warrant a
    dismissal without prejudice order.
    Mandel further represents
    that the respondent is in agreement with the dismissal of the
    counterclaim.
    Petitioner’s attorney certifies that he served the Motion to
    Volutarily Dismiss on the respondent on August 24,
    1994, and we
    have received no response or objection.
    Accordingly, we find
    that respondent’s silence is consent to dismissal of the petition
    and the counterclaim.
    We therefore grant the motion and the
    docket in this matter is hereby closed.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above order was adopted on the/~~
    day of
    ~
    1994,
    by a vote of
    6
    ~
    /)~-
    ~
    Dorothy M. 4unn,
    Clerk
    Illinois Po/ilution Control Board
    2

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