ILLINOIs

tOLLUTION

CONTROL

BOARD

May 18,

1984

CITY

OF

ST

CHARLES,

Petitioner,

V.

)

PCB 83—69

tLLINOIS ENVIRONMENTAL

)

PROTECTION

AGET’1C~’,

)

Respondent.

ORDER OF THE BOARD

(by J.

Anderson):

On May

4,

1984 the parties filed a

joint “stipulation

and

order to

dismiss

without prejudice”.

The Board notes that

this

action

is an NPDES permit appeal,

so that the action cannot

be

dismissed “without prejudice”.

Section 40(a)

of the

Environmental Protection Act requires that permit appeals

he

brought within 35 days of the date of the Agency’s permit

decision.

Once a permit appeal

is dismissed, any refiling would

be barred by the statutory filing deadline.

The Board will construe the

May

4 filing as

a motion to

withdraw the petition, with which the Agency concurs.

The

motion

is granted, and the appeal

is dismissed,

(The City is reminded

that it may move for reconsideration o~this Order within 14 day

pursuant to 35 Iii. Adm. Code 103,240

in the event

that

this

“dismissal

with prejudice”

is

not acceptable to it.)

IT IS SO ORDERED,

I, Christan L. Moffett, Clerk of the

Illinois Pollution

Control Board, hereby certify that the above Order was adopted

on

the !~‘day ~

1984 by ~ vote of

~

I

-~

Y

“-~~

,,)~/

i

~

Christan L. MoffE~tL1Clerk

Illinois Pollutioii~’ControlBoard

58-103