ILLiNOIS POLLUTION CONTROL BOARD
    March 7,
    1996
    WEYERHAUSER CO.,
    )
    )
    )
    PCB92-105
    Petitioner,
    )
    (UST Reimbursement
    )
    Determination)
    V.
    )
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Yi):
    The Board in its order ofAugust 24,
    1995
    directed the petitioner to file a status report on
    or before February 23,
    1996 and extended the stay in this matter until March 8,
    1996.
    On
    February 27,
    1996, petitioner, Weyerhauser Co., filed a status report.
    Previously the Board
    granted petitioner a stay pending the decision ofthe Illinois Office of State Fire Marshal (OSFM)
    regarding the registration status ofthe underground storage tank (UST) involved in this
    proceeding.
    There has been an open waiver filed in this
    proceeding and as ofthe date ofthis
    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 ofBoard ofEducation. Community Consolidated
    School Dist. No.
    15
    v. Armstead, No. 91
    Ch 4963, which involves similar issues as in this matter.
    Annstead was decided on September II,
    1992 upholding the arguments made by the petitioner.
    The State has appealed the decision ofthe Circuit Court in Board ofEducation. Community
    Consolidated School Dist.
    No.
    15
    v.
    Armstead, No. 92-4145 (Ill. App. Ct.,
    1st Dist.).
    Oral
    argument before the Illinois Appellate Court, First District, took place on January 10,
    1996.
    As
    ofFebruary 27,
    1996, the court had not yet rendered its
    decision.
    The hearing officer in petitioner’s appeal ofthe OSFM’s decision recommended that the
    OSFM defer any decision in petitioner’s appeal until after the Appellate Court ruled in the
    Armstead case.
    The OSFM has stated that it does not plan to take action until the Appellate
    Court rules in the Armstead case.
    Petitioner requests an additional
    180 day stay in this matter
    until August
    25,
    1996.
    Petitioner’s request to extend the stay in this matter is granted.
    Petitioner shall file
    another status report with the Clerk ofthe Board on or before August
    11,
    1996.
    Such status
    report
    and all future status reports shall be directed to the assigned hearing officer for
    2
    consideration.
    The stay in this matter is extended until August 25,
    1996.
    If the Appellate Court
    makes a decision in Armstead, petitioner shall promptly report the fact to the Board.
    IT IS
    SO
    ORDERED.
    I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certif\j that the
    above order was adopted on the
    7~f
    day of ?h
    ,
    1996, by a vote of
    1-0
    4,
    Dorothy M. ,~inn,Clerl~
    Illinois Poll~t1onControl Board

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