ILLINOIS POLLUTION CONTROL BOARD
    September
    1,
    1994
    WEYERHAUSER CO.,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—105
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    The Board in its order. of March
    3,
    1994 directed the
    petitioner to file a status report on or before August
    19,
    1994
    and extended the stay in this matter until September 2,
    1994. On
    August 19, 1994,
    Petitioner, Weyerhauser Co., filed a status
    report in accordance with the Board’s order.
    The Board granted
    the petitioner
    a stay pending the decision of the Illinois Office
    of State Fire Marshal
    (OSFM)
    decision regarding the registration
    status of the underground storage tank
    (UST)
    involved in this
    proceeding.
    There has been an open waiver filed in this
    proceeding and as of the date of this order, no hearing has been
    held in this matter.
    As reported in the petitioner’s previous status report, the
    OSFM has deferred making a decision in the matter pending the
    outcome of Board of Education, Community Consolidated School
    Dist.
    No.
    15
    v. Armstead, No.
    91 CH 4963, which involves similar
    issues as in this
    matter. Armstead was decided on September 11,
    1992 upholding the arguments made by the petitioner.
    The State
    has appealed the decision of the Circuit Court in Board of
    Education, Community Consolidated School Dist.
    No.
    15 v.
    Armstead, No.
    92-4145
    (Ill. App. Ct.,
    1st Dist.).
    Petitioner’s
    attorney was informed by the Office of the Clerk of the Illinois
    Appellate Court,
    First District,
    that all briefs have been
    submitted but that the case has not yet been set for oral
    argument.
    No further information is available as to when this
    case may proceed to oral argument.
    The OSFM has stated that it
    does not plan to take action until the Appellate Court rules in
    Armstead.
    Petitioner requests an additional
    180 day stay in this
    matter until January
    2,
    1995.
    Petitioners request to extend the stay in this matter is
    granted.
    Petitioner is directed to file another status report
    with the Clerk of the Board and the assigned hearing officer
    in
    this case on or before January 6,
    1995, discussing the progress
    in this matter.
    The stay in this matter is extended until
    January
    12,
    1995.
    If the Appellate Court makes a decision in
    2
    Armstead petitioner shall promptly report the fact to the Board.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Boprd, hereby certify that the above order was adopted on the
    /~.
    day of
    ~~-/~-‘
    ,
    1994,
    by a vote of ~
    Dorothy M. ~inn, Clerk
    Illinois Pollution Control Board

    Back to top