ILLINOIS POLLUTION CONTROL BOARD
November 19,
1992
CARRELL
AND
MARY
BATES,
)
Complainants,
)
v.
PCB 91—154
(Enforcement)
EDWARD
E. BRAKE, ELUt F. BRAKE,
EUGENE GALE HEISER,
in his
individual capacity and d/b/a
Heiser Oil
& Gas Co.,
HEISER OIL & GAS CO., an
Illinois Corporation; and
ANOCO OIL COMPANY,
a Maryland
Corporation.
)
Respondents.
ORDER OF THE BOARD
(by B.
Forcade):
This matter comes before the Board on a motion for voluntary
dismissal or a stay of action filed on October 29,
1992, by
Carrell and Mary Bates
(Bates).
The Bates originally filed this
citizen enforcement action on August 30,
1991.
In the complaint,
the Bates allege that their property has been contaminated by
petroleum products released on the adjacent property of the
respondents.
The present motion requests the Board to dismiss
this matter without prejudice or in the alternative to stay
action in this matter while the parties pursue a settlement.
The parties have entered into a settlement agreement whereby
a resolution is sought by presenting the matter to the Illinois
Environmental Protection Agency for resolution through the
underground storage tank reimbursement fund.
Due to the
uncertainty of the effect of the settlement agreement, the motion
seeks a dismissal without prejudice.
If the desired result
(i.e.
cleanup of the property)
is not obtained through the settlement
agreement,
the complainants reserve the right to present this
matter to the Board in a new proceeding.
This matter is hereby dismissed without prejudice.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certif~’that the above order was adopted on the
/t7
day of
,
1992,
by a vote of
~
/~
C
,
Dorothy N.~unn, Clerk
Illinois Eo’llution Control Board
Ot370~S9