ILLINOIS POLLUTION CONTROL BOARD
February
1,
1996
EDWARDS-ETHERTON OIL
)
COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB92-168
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF
THE BOARD (by J.
Yi):
This matter is before the Board on petitioner’s November 4,
1992
appeal ofthe
Illinois Environmental Protection Agency’s (Agency) decision to deny
reimbursement of
corrective action costs.
This matter was accepted for hearing.
On January 22,
1996,
petitioner filed an updated status report pursuant
to the
Board’s October
19,
1995
order.
Petitioner has filed an
open waiver in this matter so
there is
no statutory
decision deadline pursuant to Section 40 ofthe Environmental
Protection Act.
(415 ILCS
5/40
(1994)).
Petitioner requested and
was granted a stay in
this matter pending the outcome ofthe State Bank ofWhittington v.
Illinois
Environmental Protection Agency, (June 3,
1993), PCB 92-152, due to related issues.
Petitioner has stated in the last four status reports,
since the decision in
State Bank
ofWhittington,
that there are issues
remaining in controversy in addition to those raised in
State Bank ofWhittington.
The remaining issues involve
civil
litigation in which the
Agency is not a party and are pertinent to resolution ofthis matter.
This status report
states that Petitioner and counsel for the Agency are continuing in discussions which
may
lead to resolution.
Petitioner requests an additional
90 days to file an updated status
report.
Petitioner makes this request in
order to conserve resources ofthe parties.
The Board accepts petitioner’s status report
on behalfof the parties and directs the
parties to file an updated status report with the assigned hearing officer on or before April
22,
1996.
All future status reports should be directed to the assigned hearing officer.
IT IS
SO ORDERED.
I, Dorothy M.
Gunn, Clerk ofthe Illinois Pollution Control Board,
hereby certif~,
that the above order was adopted on the /~
day of
,.
~
1996, by a vote
of
~
..//
L
‘~
L/~1
~
Dorothy M.
~4inn, Clerk
Illinois Pollut)kn Control Board