ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    DALEE OIL COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-225
    (UST - Reimbursement)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 12, 1996 the petitioner filed a motion to dismiss without prejudice.
    However, under Section 40 of the Environmental Protection Act (415 ILCS 5/40), an appeal
    must be filed within 35 days of the issuance of the Agency determination. Since the Agency’s
    final decision was issued March 26, 1996, a subsequent petition for review would now be time
    barred.
    The motion for voluntary dismissal is hereby granted and this docket is 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 ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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