ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
EDWARDS-ETHERTON
OIL
COMPANY,
Petitioner,
v.
)
PCB
92—168
(UST
Fund)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
ORDER
OF
THE
BOARD
(by
C.
A.
Manning):
This
matter
is
before
the
Board
on
petitioner’s November 4,
1992
appeal
of
the
Illinois
Environmental
Protection
Agency’s
(Agency)
decision
to
deny
reimbursement
of
corrective
action
costs.
On January 15,
1993,
petitioner
filed
a
motion to
continue the hearing and final decision pending the Board’s
decision in State Bank of Whittinc~ton
V.
Illinois Environmental
Protection Ac~ency, (June
3,
1993), PCB 92-152.
An open waiver of
its right to final Board action as provided for in Section 40 of
the Environmental Protection Act was also filed.
(415 ILCS 5/40
(1993)).
The Board granted the stay of proceedings as requested
on January 21,
1993,
until June 3, 1993.
The Board decided State Bank of Whittinaton on June 3,
1993.
On November 4,
1993, the Board directed the petitioner to submit
to the Board and Hearing Officer a status report by February 3,
1994.
On February 8,
1994, the petitioner filed a status report.
The status report states that there are issues raised that are in
controversy in addition to those raised in State Bank of
whittington, and that the parties are engaged in discussions
which may lead to resolution in this matter.
The petitioner and
respondent make the request to submit a subsequent status report
to the Board within 90 days.
The Board accepts the status report and directs the parties
to file an updated status report on or before May 27,
1994.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cer~if that the above order was adopted on the
17~
day of
____________________,
1994,
by a vote of
c~’
‘-j’.
~
~
Dorothy M.q4nn, Clerk
Illinois Póflution Control Board