ILLINOIS POLLUTION CONTROL BOARD
    April 5, 2001
    GUNITE CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 94-382
    (Permit Appeal – Water)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    On March 13, 2001, Gunite Corporation filed a motion to voluntarily dismiss with
    prejudice this action against the Illinois Environmental Protection Agency. The motion is
    granted, and this matter is dismissed. Two matters raised in the motion are worth a brief
    mention. First, the dismissal is granted “with prejudice” in the sense that the action cannot be
    refiled since further appeal is time-barred by Section 40 of the Environmental Protection Act.
    415 ILCS 5/40 (1998). Additionally, Section 40 contains no provision for the assessment of
    litigation costs to or against the parties.
    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 5th day of April 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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