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

    Back to top