ILLINOIS POLLUTION CONTROL BOARD
    March 6, 1997
    IRMA L. LOPEZ, JOSE MARTINEZ,
    )
    JOEL R. GARAY, and JOSE
    )
    GONZALEZ,
    )
    )
    Complainants,
    )
    )
    v.
    )
    PCB 97-17
    )
    (Enforcement - RCRA)
    CELOTEX CORPORTATION,
    )
    ALLIEDSIGNAL, INC., and
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondents.
    )
    ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board on the filing of a status report and renewed
    motion to dismiss filed by AlliedSignal, Inc. (AlliedSignal) on January 21, 1997, a
    pending motion to dismiss filed by the Illinois Attorney General’s Office on behalf of
    the Illinois Environmental Protection Agency (Agency) and the People of the State of
    Illinois on August 5, 1996, and a pending request for stay filed by the Celotex
    Corporation (Celotex) on August 16, 1996.
    On October 17, 1996 the Board granted complainants motion for continuance to
    respond to AlliedSignal’s September 16, 1996 motion to dismiss the pending action
    against it. Complainants stated in their motion to continue that, due to the pending
    resolution of a similar action before the United States Environmental Protection Agency
    (USEPA), they might voluntarily dismiss the present action against AlliedSignal. The
    Board accordingly granted complainants’ motion to continue and reserved ruling on all
    pending motions in this matter, including the Agency’s August 5, 1996 motion to
    dismiss. The Board also directed complainants to file either a response to
    AlliedSignal’s motion, or a status report, by December 2, 1996.
    To date, the Board has not received any filings from complainants pursuant to
    the Board’s October 17, 1996 order directing complainants to file either a response or
    status report by December 2, 1996. Therefore, the Board on December 19, 1996,
    directed complainants to (1) advise the Board in writing whether they would be
    appearing
    pro se,
    or (2) have an attorney file an appearance on their behalf and file
    either a response to AlliedSignal’s motion to dismiss or a status report by January 21,
    1997. The Board also directed AlliedSignal to file a status report concerning the
    2
    pending resolution of the similar action before the USEPA by January 21, 1997.
    Complainants never responded to the Board’s December 19, 1996 order.
    On January 21, 1997 Allied Signal filed the status report ordered by the Board.
    The status report indicates that AlliedSignal signed an Administrative Order on Consent
    for the same property at issue in the complaint before the Board. AlliedSignal further
    reports that the USEPA approved and signed the Administrative Order on Consent on
    November 1, 1996. Additionally, AlliedSignal states that it is implementing the
    requirements described in the Administrative Order on Consent. Based on these facts,
    AlliedSignal has, in addition to filing its status report, also renewed its motion to
    dismiss.
    Because complainants have failed to comply with the Board’s October 17, 1996,
    and December 19, 1996 orders, the Board hereby dismisses this matter without
    prejudice against all party respondents for want of prosecution. The Board will not
    rule on the pending motions to dismiss and request for stay, as these motions are
    mooted by this action. This docket is hereby closed.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994))
    provides for the appeal of final Board orders to the Illinois Appellate Court within 35
    days of the date of service of this order. The Rules of the Supreme Court of Illinois
    establish filing requirements. (See also 35 Ill. Adm. Code 101.246 “Motions for
    Reconsiderations.”)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby
    certify that the above order was adopted on the _____ day of ______________, 1997,
    by a vote of __________________.
    ________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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