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

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