ILLINOIS POLLUTION CONTROL BOARD
    March
    9,
    1989
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 84—92
    RICHARD KROHN and PARKWAY
    )
    BANK
    & TRUST CO.,
    as
    )
    Trustee
    under
    Trust
    No.
    4730,
    Respondents.
    ORDER OF THE BOARD
    (by 3D.
    Dumelle):
    This matter
    is before
    the Board upon its own motion.
    On
    June
    3,
    1988,
    an executed Stipulation and Proposal
    for Settlement.
    (stipulation)
    was filed with the Board.
    On June 16,
    1988,
    the
    Board adopted
    an Order denying
    acceptance of the stipulation and
    stating that “if
    the Board does not receive an amended
    stipulation, curing
    the noted defect, within 90 days of
    the date
    of this Order,
    the Board
    will schedule an additional hearing
    in
    this matter.”
    On November
    14, 1988
    (151 days later),
    the parties
    filed
    a joint motion
    for extension of time
    to
    file
    an amended
    stipulation,
    requesting
    until February 17,
    1989
    to
    file the
    amended stipulation.
    On November
    17,
    1988,
    the Board granted the
    motion.
    To date,
    no amended stipulation has been filed,
    nor has
    any reason been given
    for failure
    to comply with the
    Board Order.
    It appears to
    the
    Board
    that this proceeding suffers
    for
    want of prosecution.
    In
    a recent Order
    (Modine Manufacturing
    Company v.
    Illinois Environmental Protection Agency,
    PCB 87—124,
    November
    17,
    1988),
    the Board recognized the need
    to tighten
    its
    procedures.
    Consistent with Modine,
    the Board will
    tolerate
    neither
    unreasonable noncompliance with
    a Board
    Order
    nor
    unjustifiable lack of prosecution of
    a proceeding.
    Section
    107.101(c)
    of the Board’s procedural
    rules
    (35
    Iii.
    Adm.
    Code
    l07.lOl(c))
    clearly provides that
    the Board may dismiss
    a
    proceeding
    where a party unreasonably fails
    to comply with
    a
    Hearing
    Officer
    or
    Board Order.
    Thus,
    the Board
    today, on its
    own motion, hereby dismisses this proceeding without prejudice.
    The Board
    recognizes
    that its Order
    of June
    16,
    1988,
    states
    that,
    in
    the event an amended stipulation
    is not
    filed,
    additional hearing
    would be scheduled.
    However, given
    the
    subsequent history of this proceeding
    the Board
    no longer
    97—87
    —2—
    believes an Order scheduling
    additional
    hearing
    is appropriate.
    If and when the Complainant
    is prepared
    to prosecute this
    proceeding,
    a new docket may be opened.
    IT
    IS SO ORDERED.
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    _______________
    day of
    _____________,
    1989 by a vote
    of
    Dorothy M(,A3unn,
    Clerk
    Illinois P’ollution
    Control Board
    97—88

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