ILLINOIS POLLUTION CONTROL BOARD

September 1, 1994

GUNITE CORPORATION,

Petitioner,

v.

)

PCB 94—80

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by C.A. Manning):

This matter is before the Board on a stipulation of

settlement, jointly filed on August 23, 1994 by petitioner,

Gunite Corporation and respondent, the Illinois Environmental

Protection Agency (“Agency”), and a motion for withdrawal filed

by Gunite. The underlying petition was filed by Gunite on March

1, 1994 challenging the Agency’s denial of an application for

site-specific clean up objectives. The parties’ stipulated

settlement provides that the Agency has subsequently determined

there is no confirmed release at the Gunite site which would

subject the company to the requirements of Illinois’ Leaking

Underground Storage Tank Program (415 ILCS 5/57 et sea.). The

Agency and Gunite have agreed that the contamination resulted

from disposal activities occurring in 1974, rather than from a

release of an UST.

Therefore, we grant petitioner’s motion for withdrawal and

expressly incorporate by reference, the stipulation of settlement

and dismissal filed by the parties on August 23, 1994 with the

Board. The docket in this matter is hereby closed.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

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day of

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1994, by a vote of

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Dorothy N. dunn, Clerk

Illinois Pollution Control Board