ILLINOIS POLLUTION CONTROL
    BOARD
    June 2,
    1994
    RTC INDUSTRIES,
    INC.,
    Petitioner,
    v.
    )
    PCB 93—28
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by E. Dunham):
    This matter comes before the Board on a Motion for Summary
    Judgment filed on Nay 18,
    1994 by RTC Industries,
    Inc.
    (RTC).
    The Illinois Environmental Protection Agency (Agency) did not
    file a response to the motion.
    This appeal contests the Agency’s denial of eligibility.
    In
    a letter dated January 19,
    1993, the Agency denied eligibility
    for a 10,000 gallon heating oil tank at RTC’s facility at 3101 S.
    Kedzie Ave.
    in Chicago,
    Illinois,
    The Agency subsequently sent a
    letter to RTC dated April
    14, 1994 stating that the 10,000 gallon
    heating oil tank was eligible for reimbursement.
    RTC seeks an
    order from the Board confirming that RTC is eligible for
    reimbursement from the Fund.
    The effect of the April
    14,
    1994 letter from the Agency is
    to reverse the portion of the January 19,
    1993 letter which RTC
    is appealing to the Board.
    As the reversal of the Agency’s
    decision resolves the issue on appeal, the Board grants the
    motion for summary judgment.
    However, the Board makes no finding
    on the issue of eligibility of the tank as the record does not
    indicate the reason for the Agency’s reversal of its prior
    decision nor does the motion address the issue of eligibility.
    This matter is hereby dismissed.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify tha
    he above order was adopted on the
    _____________day of
    ,
    1994, by a vote of
    ~
    2~,
    Dorothy N.,~‘~unn,Clerk
    Illinois ~o/LlutionControl Board
    ~,
    —~)

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