ILLINOIS POLLUTION CONTROL BOARD
September 1, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
Complainant,
v.
)
PCB 94—84
)
(Enforcement)
WINNEBAGO RECLAMATION
)
SERVICE, INC., an Illinois
)
corporation, and
)
WM.
LANS
SON’S CO., INC.,
)
an Illinois corporation,
)
Respondents.
ORDER OF THE BOARD (by J. Theodore Meyer):
This matter is before the Board on complainant the People of
the State of Illinois’ August 25, 1994 motion for voluntary
dismissal of certain counts of the complaint in this case.
Complainant seeks to dismiss Counts I and II, directed against
respondent Winnebago Reclamation Service, Inc. (Winnebago),
alleging special waste violations. Complainant also seeks to
dismiss Counts VII and VIII, alleging special waste violations
against Wm. Lans Son’s Co., Inc. (Lans). Complainant notes that
a dismissal of those four counts would dismiss Lans from the
proceeding entirely, and would leave Counts III, IV, V, and VI
against Winnebago.
The motion to voluntarily dismiss Counts I, II, VII, and
VIII is granted. Pursuant to complainant’s request, the Board
orders that: Lans is dismissed with prejudice; Winnebago’s
motion to compel answers to interrogatories is rendered moot,
thus excusing complainant from responding to that motion; each
party will bear its own costs incurred in pursuit or defense of
Counts I, II, VII, and VIII. Additionally, the hearing officer
is directed to conduct a prehearing conference for the purpose of
reporting on the status of settlement discussions.
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
/~_
day of
~-7-~~J,
1994, by a vote of
c~~-
()
~
~
Dorothy N. ~‘unn, Clerk
Illinois Pollution Control Board