ILLINOIS POLLUTION CONTROL BOARD
February 17, 1994
EDGEWATER BEACH APARTMENTS
)
CORPORATION,
)
)
Petitioner,
)
V.
)
PCB 93—183
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by G. T. Girard):
This matter is before the Board on a petition for review
filed by petitioner Edgewater Beach Apartments Corporation
(Edgewater) on October 6, 1993, seeking review of the Illinois
Environmental Protection Agency’s denial of reimbursement of
costs from the Underground Storage Tank Fund. At the January 11,
1994, hearing held in this matter, the parties recited an
agreement into the record and with the result that $9,413.25 will
be reimbursed to petitioner. One unresolved issue remained which
the Board was to consider waived if it did not receive notice
from the Agency by February 18, 1994. The Board’s decision
deadline in this matter is March 3, 1994.
Without any evidence offered at hearing and with no briefs
filed, the record is not sufficient for the Board to decide the
matter on its merits. In addition, petitioner has not filed a
voluntary motion to dismiss.
Unless petitioner files, before February 25, 1994, a motion
~fàr vóluntáry dismissal or an open waiver of the Board’s decision
deadline, this case will be subject to dismissal for want of
prosecution.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby ce~,ifythat the above order was adopted on the
/7t7~
day of
___________________,
1994, by a vote of
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~ ~
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Dorothy N. ~nn, Clerk
Illinois Po~JutionControl Board