ILLINOIS POLLUTION CONTROL BOARD
January
21,
1993
BRAUN’ S STANDARD
SERVICE,
)
)
Petitioner,
)
V.
)
PCB 92—184
)
(Underground Storage Tank Fund
Reimbursement Determination)
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by 3. C. Marlin):
This matter comes before the Board on petitioner’s December
1, 1992, appeal of the Agency’s decision to deny reimbursement of
corrective action costs. On December 21, 1992, petitioner filed
an open waiver of its right to final Board action as provided for
in Section 40 of the Environmental Protection Act (Ill. Rev.
Stat. ch. 111 1/2 par. 1040 (1991)). On January 6, 1993,
petitioner filed a motion to continue the ki~aringand final
decision.
On January 8, 1993, the Agencyiiled a response in
support of the motion to continue. On January 12, 1993, the
hearing officer issued an order canceling the.January 19, 1993,
hearing.
Petitioner asserts that the issues raised in State Bank of
Whjttington, PCB 92-152, are substantially similar to those in
the instant matter. Therefore, petitioner requests a continuance
pending the outcome of that case. The decision date in State
Bank of Whittinaton has been waived
until
May 20, 1993.
The Board construes the motion to continue as a request for
a
stay
in
the proceedings.
The Board does not favor open—ended
“continuances” or stays of proceedings. Accordingly, the Board
hereby orders a stay of proceedings in this matter until June 3,
1993. The parties are directed to confer with thehearing
off icer during the week of May
24, 1993, after which the hearing
officer shall enter an appropriate order
designed to bring these
proceedings to an expeditious conclusion.
IT IS SO ORDERED.
0138-0475
2
I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify-~thatthe above order was adopted on th~
~/~day
of
1993, by a vote of
~
0 1.38 ~0476
Control Board