ILLINOIS POLLUTION CONTROL BOARD

November 19,

1992

CARRELL

AND

MARY

BATES,

)

Complainants,

)

v.

PCB 91—154

(Enforcement)

EDWARD

E. BRAKE, ELUt F. BRAKE,

EUGENE GALE HEISER,

in his

individual capacity and d/b/a

Heiser Oil

& Gas Co.,

HEISER OIL & GAS CO., an

Illinois Corporation; and

ANOCO OIL COMPANY,

a Maryland

Corporation.

)

Respondents.

ORDER OF THE BOARD

(by B.

Forcade):

This matter comes before the Board on a motion for voluntary

dismissal or a stay of action filed on October 29,

1992, by

Carrell and Mary Bates

(Bates).

The Bates originally filed this

citizen enforcement action on August 30,

1991.

In the complaint,

the Bates allege that their property has been contaminated by

petroleum products released on the adjacent property of the

respondents.

The present motion requests the Board to dismiss

this matter without prejudice or in the alternative to stay

action in this matter while the parties pursue a settlement.

The parties have entered into a settlement agreement whereby

a resolution is sought by presenting the matter to the Illinois

Environmental Protection Agency for resolution through the

underground storage tank reimbursement fund.

Due to the

uncertainty of the effect of the settlement agreement, the motion

seeks a dismissal without prejudice.

If the desired result

(i.e.

cleanup of the property)

is not obtained through the settlement

agreement,

the complainants reserve the right to present this

matter to the Board in a new proceeding.

This matter is hereby dismissed without prejudice.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certif~’that the above order was adopted on the

/t7

day of

,

1992,

by a vote of

~

/~

C

,

Dorothy N.~unn, Clerk

Illinois Eo’llution Control Board

Ot370~S9