ILLINOIS POLLUTION CONTROL BOARD
    August 13, 1992
    MEYER STEEL DRUM, INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—76
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    This matter is before the Board on the July 29, 1992 motion
    to dismiss filed by Meyer Steel Drum, Inc. (Meyer). The motion
    requests that the Board dismiss this proceeding based on the
    settlement reached with the Illinois Environmental Protection
    Agency (Agency). Meyer also seeks to reserve the right to
    reinstate the proceeding if the Agency acts in a manner
    inconsistent with the settlement.
    The Board has previously articulated its reluctance to
    accept settlement agreements in permit appeals. In General
    Electric v. EPA (September 12, 1991), PCB 90—65, _PCB
    the
    Board stated:
    The Board has difficulty in dealing withsettlements in
    permit appeal cases which involve Agency issuance of
    negotiated permits containing conditions for which no record
    exists “setting out sufficient technical fact and legal
    assertions to allow the Board to exercise its independent
    judgement and to make proper findings of fact and
    conclusions of law.” (citation omitted.) The Board has not
    issued orders incorporating the terms of such stipulations
    as the Board does in enforcement cases.
    The Board makes no finding regarding the settlement agreement and
    construes this motion as a voluntary motion to dismiss.
    Therefore, the Board will adopt a simple voluntary dismissal
    order. This dismissal will not adopt the terms and conditions of
    the Settlement Agreement and will not allow for reinstatement of
    this action.
    A Board order granting dismissal of a permit appeal is a
    final action and does not provide for reinstatement of the
    action. The Board will not grant a conditional dismissal under
    these circumstances.
    If Meyer wishes another course of action, they may file a
    motion for reconsideration pursuant to 35 Ill. Adm. Code 101.246
    O135~O331
    2
    demonstrating how that action is consistent with the concerns
    expressed above. This matter is hereby dismissed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (Ill.
    Rev.Stat. 1991, ch. ill 1/2, par 1041) provides for appeal of
    final orders of the Board within 35 days. The Rules of the
    Supreme Court of Illinois establish filing requirements. (But see
    also 35 Iii. Adni. Code 101.246, “Motions for Reconsideration” and
    Castenada v. Illinois Human Rights Commission (1989), 132 Ill. 2d
    304, 547 N.E.2d 437.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo~~ hereby certif that the above order was adopted on the
    /.~/~-
    day of
    ,
    1992, by a vote of
    7c)
    ~
    ~
    Dorothy N. ,,~(inn, Clerk
    Illinois P~’1lutionControl Board
    0135-0332

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