ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2006
     
    VERNON and ELAINE ZOHFELD,
     
    Complainants,
     
    v.
     
    BOB DRAKE, WABASH VALLEY
    SERVICE COMPANY, MICHAEL J.
    PFISTER, NOAH D. HORTON, and STEVE
    KINDER,
     
    Respondents.
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    PCB 05-193
    (Citizens Enforcement - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On February 23, 2006, respondents Wabash Valley Service Company, Michael J. Pfister,
    Noah D. Horton, and Steve Kinder filed a motion for clarification (Mot.). The motion seeks
    clarification of a Board order dated February 2, 2006 and denying respondents’ motion for a stay
    of this proceeding pending completion of a related criminal action. Specifically, the motion
    seeks clarification with regard to application of statutes of limitation to Board actions.
    See
    Mot.
    at 5. Petitioners Vernon and Elaine Zohfeld have filed no response to the motion.
    See
    35 Ill.
    Adm. Code 101.500(d) (14-day response deadline).
     
    The motion notes that, in the order denying respondents’ motion for a stay, the Board
    cited the case of IEPA v. Pielet Bros. Trading, Inc., PCB 80-185 (Dec. 17, 1981) with regard to
    statutes of limitations in actions brought before the Board. Mot. at 1. The motion goes on to
    argue that the Board has distinguished statutes of limitations governing actions brought by the
    State and those governing actions such as this one brought by private parties. Mot. at 2-3, citing
    Union Oil Co. of California d/b/a/ Unocal v. Barge-Way Oil Co., Inc., PCB 98-169, slip op. at 5,
    n.1 (Jan. 7, 1999). Ultimately, the motion questions whether the Board intended to reverse its
    holding in Union Oil Co. Mot. at 4.
     
    The Board grants the respondents’ motion for clarification and states that, if it had
    intended to reverse any of its previous opinions or orders in its February 2, 2006 order, it would
    have done so explicitly.
     
    CONCLUSION
     
    The Board grants the respondents’ motion for clarification and states the clarification
    above.
     
    IT IS SO ORDERED.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 6, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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