ILLINOIS POLLUTION CONTROL BOARD
    September 19, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    GULCO CORPORATION, a Delaware
    corporation a/k/a GUTMANN LEATHER
    COMPANY, INC.,
     
    Respondent.
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    PCB 99-192
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by R.C. Flemal):
     
     
    On July 11, 2002, the Board accepted the stipulation and settlement filed by the
    complainant and respondent. The settlement contained the caveat that “Upon order by the Board
    accepting this Stipulation and Proposal for Settlement, Complainant will move to dismiss Count
    III without prejudice with leave to reinstate and Respondent will offer no objection to said
    motion.” Settlement at 10. On September 5, 2002, complainant filed a motion to dismiss Count
    III without prejudice. On September 18, 2002, counsel for respondent informed hearing officer
    Brad Halloran that respondent does not intend to file a response to the motion. Since no
    response will be filed, respondent waives objection to granting the motion, but waiving the
    objecting does not bind the Board in its disposition of the motion. 35 Ill. Adm. Code 101.500.
     
     
    The Board grants the motion dismissing Count III without prejudice and this docket is
    closed.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 19, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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