ILLINOIS POLLUTION CONTROL BOARD
    December 2,
    1993
    TWONEY COMPANY,
    Petitioner,
    V.
    )
    PCB 92—199
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    ORDER OF THE BOARD
    (by C.A. Manning):
    On November 30,
    1993, Twomey Company
    (Twomey) filed a motion
    to file a status report instanter accompanied by a status report.
    The Board hereby grants the motion to file instanter and accepts
    the status report.
    The
    status
    report
    indicates
    that Twomey
    and
    the
    Illinois
    Environmental Protection Agency (Agency) have been negotiating and
    anticipate entering into a settlement agreement sometime before the
    end of the year.
    The status report
    further states that once
    a
    settlement has been reached, Twomey will file a motion to dismiss
    the appeal subject to “reopener” in the event that the Agency fails
    to reimburse Twomey.
    The Board directs Twomey’s attention to Legg and
    Sons Oil
    Company
    v.
    IEPA,
    (PCB 92-214) and
    DJM
    Oil Company, Inc.
    v.
    IEPA,
    (PCB
    92-163)
    in
    which
    today,
    the Board
    is
    issuing two orders
    accepting status reports.
    The status reports filed by the parties
    in Leqg and Sons and
    DJM
    Oil indicate that the petitions for review
    of the Agency’s UST reimbursement determination will be voluntarily
    withdrawn upon receipt of the agreed-upon payment from the Agency
    pursuant to settlement agreements executed
    in those cases.
    (See
    Israel-Gerrold’s v. IEPA (April 9, 1992), PCB 91-108
    (a voluntarily
    dismissal of
    an
    appeal would
    bar petitioner’s right to further
    challenge the subject of that appeal) and see also Grand Soo, Inc.
    v. IEPA (December 6,
    1991), PCB 91—191.)
    Accordingly,
    the
    Board
    directs
    the
    parties
    to
    file
    an
    additional
    status report
    on or before January
    3,
    1994,
    if this
    matter is not dismissed.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    do hereby certify that the above order was adopte4 on the
    ~?-~
    day of
    ~
    ,
    1993, by a vote of
    ~,
    —0
    ~
    i~z.
    ~
    ~Dorothy
    My~unn, Clerk
    Illinois P~p1lutionControl Board

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