ILLINOIS POLLUTION CONTROL BOARD
    June 15,
    1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    PCB 89—87
    v.
    )
    (Enforcement-Air)
    )
    MOLINE CORPORATION,
    an
    )
    Illinois corporation,
    )
    Respondent.
    KATHY
    WESTERN AND JEFFREY WESTERN,
    )
    Complainant,
    PCB 89—44
    v.
    )
    (Enforcement—Noise)
    MOLINE CORPORATION, an
    )
    Illinois corporation,
    )
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    This matter comes before the Board on a “Motion to Dismiss
    Without Prejudice” filed on Nay 30,
    1995 by the Illinois
    Environmental Protection Agency
    (Agency)
    in PCB 89-87.
    The complaint in PCB 89-87 was filed with the Board on May
    19,
    1989 and alleged violations of noise and air regulations.
    On
    July 27,
    1989, the Board granted a motion to consolidate PCB 89-
    87 with PCB 89-44.
    On December 20,
    1990,
    the parties submitted a
    Stipulation and Proposal for Settlement which the Board accepted
    in an interim opinion and order on January 24,
    1995.
    On April
    25,
    1991, the Board ordered respondent to pay stipulated
    penalties of $21,800.00 for violating the settlement agreement.
    On April 25,
    1991,
    respondent filed a voluntary petition under
    Chapter 11 of the Bankruptcy Code in the United States District
    Court for the Northern District of Illinois,
    Eastern Division.
    On June 23,
    1992,
    the Board stayed proceedings in this matter
    until completion of the bankruptcy case.
    The Agency reports that
    respondent has subsequently ceased operation at the facility
    which is the subject of the complaint.
    The motion before the Board requests that the complaint be
    dismissed without prejudice given the respondent’s bankruptcy
    petition, the Board’s stay of the proceedings and the cessation
    of violations alleged in the complaint due to the cessation of
    2
    operations.
    The Board grants the motion to dismiss without
    prejudice the docket in PCB 89-87’.
    The Board believes that based on the facts presented above,
    the complaint in PCB 89-44 should also be dismissed.
    Therefore,
    the Board on its own motion dismisses the docket in PCB 89-44.
    The Board notes that if there are additional facts that would
    distinguish PCB 89-44, complainant may file a motion for
    reconsideration.
    (See 35 Ill. Adm. Code 101.300 Motions for
    Reconsideration.)
    The Board dismisses PCB 89-87 and PCB 89-44 without
    prejudice and closes the dockets.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection
    Pact,
    (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 N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    at the above order was adopted on ~he
    /~~dayof ______________________,
    1995, by a vote of
    ‘~
    ~/L~
    ~75~
    /~L,~V~’
    Dorothy N. 94nn, Clerk
    Illinois Po~,jutionControl Board
    The Board notes that the dismissal of this action is not
    intended to invalidate previous orders entered against respondent
    in this proceeding.
    The orders by the Board accepting the
    settlement agreement and imposing a penalty for violations of the
    settlement agreement remain enforceable orders.

    Back to top