ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1994
    ILLICO INDEPENDENT OIL COMPANY,
    Petitioner,
    PCB 94—107
    v.
    )
    (UST Fund)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    On September 28,
    1994,
    the petitioner filed a motion to
    voluntarily dismiss this matter without prejudice.
    Under Section
    40 of the Act
    (415 ILCS 5/40
    (1992))
    an appeal must be filed
    within 35 days of the date of Illinois Environmental Protection
    Agency’s decision.
    Therefore,
    a subsequent petition would be
    time barred,
    and the Board cannot dismiss this appeal without
    prejudice.
    The motion for voluntary dismissal
    is granted. This matter
    is hereby dismissed and the docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/4.
    (1992)) provides for appeal of final orders of the Board
    within 35 days of the date of service of this order.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (See also 35 Iii.
    Adm. Code 101.246, Motion for Reconsideration.)
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby cey-tify~
    that the above order was adopt~don the
    ~
    ~-
    day of
    6~’
    ~
    ,
    1994,
    by a vote of
    ~‘
    C.
    Control Board

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