ILLINOIS POLLUTION CONTROL BOARD
November 3,
1994
ROCK-OLA MANUFACTURING
)
CORPORATION,
Petitioner,
V.
)
PCB 90—24
)
(Permit Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by G.
T. Girard):
On June 28,
1994, the respondent filed a motion asking the
Board to reconsider the Nay 19,
1994, opinion and order in this
proceeding.
The Board’s May 19,
1994,
opinion and order found
that Rock-Ola should be issued a RCRA clean closure
certification, without conditions, by the Agency, for Rock-Ola’s
North Kedzie facility (site SOl).
The respondent asks that the
Board reconsider the opinion and enter an order affirming the
Agency’s denial of approval of petitioner’s closure
certification.
After several joint motions for extension of time, the
petitioner filed its response on October 27, 1994.
The
petitioner states that “Rock-Ola and the Illinois Environmental
Protection Agency reached a settlement under which the parties
have resolved their technical differences.
.
.“.
Petitioner also
states that it has agreed to join with the Agency “on its motion
to reconsider”.
While each of the parties have requested that the Board
reconsider
its May 19,
1994,
opinion and order,
it is unclear
whether or not the parties are requesting the same relief.
Since
petitioner has joined the Agency in its motion the proper relief
appears to be for the Board to vacate its opinion and order of
May 19,
1994 and dismiss this proceeding.
The Board directs the petitioner to clarify its October 27,
1994 filing to inform the Board specifically what relief the
petitioner is seeking in the motion to reconsider.
The Board
directs the petitioner to file such clarification no later than
November 14,
1994.
2
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board
do hereby certJ~ythat the above order was adopted
911 the
day of
/~-
,
1994, by a vote of
________
(~
Dorothy N.
Giinn, Clerk
Illinois Poljlution Control Board