ILLINOIS

POLLUTION

CONTROL BOARD

September 21, 1995

DOALL COMPANY, DOALL CREDIT

)

CORPORATION,

and THE

)

RAMS-HEAD COMPANY,

)

complainants,

v.

)

PCB 94—256

)

(Enforcement-Land)

SKOKIE VALLEY ASPHALT

)

COMPANY,

INC., and

)

SEPTRAN,

INC.,

Respondents.

ORDER OF THE BOARD

(by M. NcFawn):

This matter is before the Board on an August

10,

1995 motion

for reconsideration and supporting memorandum filed by

complainants DoAll Company, DoAll Credit Corporation,

and the

Rams-Head Company

(collectively, DoAll).

In its motion, DoAll

requests that the Board reconsider and modify its July 7,

1995

order to reinstate the cost recovery portion of DoAll’s complaint

conditioned upon DoAll’s prompt dismissal of its action before

the circuit court.

In our July

7,

1995 the Board found that the cost recovery

portions of DoAll’s complaint were duplicative of an action filed

before the Circuit Court of Cook County, titled DoALL Company, et

al.,

v. Mobil Oil Company,

et aL,

No 94 L 11724.

The Board

therefore struck those portions of DoAll’s complaint.

In support of its motion, DoAll states that it is willing to

withdraw its circuit court action if the Board is willing to

reistate the costs recovery portions of its complaint.

DoAll

states that this would serve the interests of all concerned by

efficiently adjudicating all claims in a single forum.

DoAll

cites the Board’s rule at 35 Ill. Adm. Code 101.246(d).

We find that DoAll’s motion presents the Board with no

reason to change the Board’s July 7,

1995 decision.

Accordingly,

DoAll’s motion is denied.

IT IS SO ORDERED.

Chairman Claire A. Manning dissented.

---

4

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby cert4,fy that the above order was adopted on the

~7j-e~r day of

4c~Z.e~j

,

1995,

by

a vote of

________

(V

Dorothy M,4Gunn, Clerk

Illinois Vollution Control Board