ILLINOIS POLLUTION CONTROL BOARD
    September 17, 1992
    WEYERHAUSER CO.,
    )
    )
    Petitioner,
    v.
    )
    PCB 92—105
    )
    (Underground Storage
    Tank
    Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes before the Board on a September 3,
    1992
    motion by Weyerhauser Company (Petitioner) to stay the
    proceedings.
    The purpose of this motion is to stay the
    proceedings until a final decision by the Illinois Office of the
    State Fire Marshal
    (“OSFM”)
    is rendered determining the
    registration status of the UST in question.
    As the petitioner
    points out in its motion, the registration status of the UST is a
    central factual issue in this appeal.
    In addition,
    it is also
    possible that the OSFM determination will render this appeal
    moot.
    In its motion, Petitioner also asserts that the Agency
    authorized the Petitioner to state that the Agency is not opposed
    to the granting of this motion.
    The Board believes that granting
    this motion will not result in any prejudice to the Agency.
    Petitioner has moved the Board to stay the proceedings until
    30 days after the conclusion of any appeal of the decision of the
    OSFM.
    As the Board does not favor indeterminate stays, the Board
    will grant the stay for 120 days with the understanding that the
    Petitioner shall file a status report at that time and may move
    the Board for an additional stay if necessary.
    The Board also
    notes at this time,
    that on September 3,
    1992, pursuant to 35
    Ill. Ad. Code 101.105 the Petitioner waived its right to final
    Board action on this matter as provided for in section 40 of the
    Act.
    Ill. Rev.
    Stat.
    ch.
    111 1/2 par. 1040
    (1991).
    Petitioner’s motion to stay the proceedings is hereby
    granted for 120 days through January 17,
    1993;
    at that time
    petitioner shall file a status report which includes an estimated
    date for termination of this action.
    IT IS SO ORDERED.
    0136-0069
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certi
    that the above order was adopted on the
    /7~7dayof __________________________,
    1992, by a vote of
    7~C.
    Dorathy
    M4’cunn÷
    ~C1erk..
    Illinois ~llution
    Control Board
    cr136-U070

    Back to top