ILLINOIS POLLUTION CONTROL BOARD
    Nay 19,
    1994
    BOCKER CHEVROLET COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—111
    )
    (UST Fund Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by R. C.
    Flemal):
    This matter comes before the Board on a May 16,
    1994 motion
    for continuance which was referred to the Board for decision by
    the hearing officer in this case.
    In a letter filed May
    16,
    1994 the hearing officer states
    that he cancelled the May 10,
    1994 hearing that was scheduled in
    this matter because on April 29,
    1994 he received a letter from
    the petitioner stating that the case had been settled and that
    a
    joint motion to dismiss would be filed shortly.
    A copy of that
    April 29 letter is attached to the hearing officer’s letter.
    On
    May 9,
    1994 after he had already cancelled the hearing, the
    hearing officer received a joint motion to continue the hearing.
    It
    is this joint motion which he referred to the Board and we now
    address.
    The joint motion indicates that the parties have come to an
    agreement that the Illinois Environmental Protection Agency will
    reimburse Bocker Chevrolet Company
    (Bocker)
    $11,160 of the costs
    subject to this appeal and that Bocker will not seek review of
    remaining costs contained in its amended petition.
    Bocker seeks
    to keep this matter open until it has received the above-stated
    amount from the UST Fund.
    The Board directs the parties to show cause why this matter
    should not be dismissed since there are no pending issues to be
    decided by the Board.
    The parties shall file an appropriate
    document addressing this matter no later than June 8,
    1994.
    The
    Board today makes no ruling on the motion to continue pending
    receipt of the filing(s).
    IT IS SO ORDERED.
    2
    I Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board~hereby certify that the above order was adopted on tyie
    ,
    J~~’-~
    day of
    ___________________,
    1994, by a vote of
    ~
    I
    Control Board

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