ILLINOIS POLLUTION CONTROL BOARD
    June 19, 1997
    OLIVE STREIT and LISA STREIT,
    Complainants,
    v.
    OBERWEIS DAIRY, INC., RICHARD J.
    FETZER and JOHNNIE W. WARD d/b/a
    SERVE-N-SAVE, and RICHARD J.
    FETZER, individually,
    Respondents.
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    PCB 95-122
    (Enforcement - UST)
    ORDER OF THE BOARD (by R.C. Flemal):
    This matter comes before the Board on complainants’ voluntary motion to
    dismiss filed June 17, 1997. Complainants state that all matters in controversy existing
    between complainants and respondents have been fully “resolved, settled, and
    released.” Complainants request that this matter be dismissed with prejudice.
    Complainants also request that this action be dismissed subject to reinstatement within
    sixty days of a party’s non-compliance with the terms of the settlement agreement.
    The Board grants complainants’ motion to dismiss with prejudice. The Board
    however notes that the settlement agreement between the parties was a private
    settlement agreement. The Board does not routinely approve private settlement
    agreements and therefore the Board did not approve, nor was it asked to approve, the
    settlement agreement in this matter. The Board therefore cannot grant complainants’
    request that this action be subject to reinstatement for non-compliance with the terms of
    the settlement agreement. Moreover, the Board notes that this request is inconsistent
    with complainant’s request to dismiss this matter with prejudice
    This matter is hereby dismissed, and the docket is closed.
    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 19th day of June 1997, by a vote of
    6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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