ILLINOIS POLLUTION CONTROL BOARD
April 21,
1994
MOLINE/DUTCHWAY DRY
CLEANERS,
)
Petitioner,
v.
)
PCB 92—102
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by 3. Theodore Meyer):
This matter is before the Board on an April
18,
1994 status
report filed by petitioner Moline/Dutchway Dry Cleaners
(Dutchway).
Dutchway states that the reimbursement denial at
issue in this case is based upon a finding that the underground
storage tanks
(UST5)
at the site were not registered, and states
that based upon a review of files of both the Illinois
Environmental Protection Agency
(Agency) and the Office of the
State Fire Marshal
(OSFM),
it appears that there are two sets of
OSFM facility numbers for the site and two sets of incident
numbers for the site.
Dutchway states that its attorney and its
consulting engineer believe that there is a good faith basis for
continuing to pursue the appeal, and that Dutchway may be able to
satisfy information requests by the Agency without proceeding to
a hearing in this matter.
Dutchway states that it needs
additional time to obtain information from past owners of the
property, and asks that the Board
allow it an additional 120 days
to attempt further settlement negotiations and obtain necessary
documentation.
The Board accepts Dutchway’s status report.
We will grant a
temporary 120-day stay of this proceeding, to allow Dutchway to
continue its investigation and settlement attempts.
Dutchway is
directed to file an updated status report, or a settlement
agreement, with the Board no later than August 22,
1994.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certi~fythat the above order was adopted on the
~/~~-1-
day of
4~.4~-L~
,
1994, by a vote of
~‘
~
/
,~•//
~
~1~orothy N. G~nn,Clerk
Illinois Pollution Control Board