ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
    JOHNSON OIL COMPANY, LLC,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-183
    (UST Appeal)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On December 23, 2004, Johnson Oil Company, LLC (Johnson Oil) filed a motion to
    voluntarily dismiss this underground storage tank (UST) appeal without prejudice. In this
    appeal, Johnson Oil asked the Board to review a March 12, 2004 determination of the Illinois
    Environmental Protection Agency (Agency). The Agency’s determination concerns Johnson
    Oil’s former gasoline service station located at 901 North Vermilion Street in Danville,
    Vermilion County.
     
    In the motion to voluntarily dismiss, Johnson Oil states that it has reached a settlement
    with the Agency, that the Agency does not oppose the motion, and that Johnson Oil, by this
    motion, is not moving to dismiss its related UST appeal, docketed as PCB 04-190. The Board
    grants Johnson Oil’s motion to voluntarily dismiss this UST appeal, docketed as PCB 04-183.
    The Board, however, necessarily grants the motion
    with
    prejudice because the statutory time
    period for Johnson Oil to file an
    appeal of the Agency determination at issue in PCB 04-183 has
    already expired.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402, 105.406.
    Granting this motion to dismiss renders moot Johnson Oil’s pending motion to consolidate and
    the Agency’s pending motion to reconsider and dismiss. The Board closes this docket.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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