I LLI NOl S
    POLLUTI ON
    CONTROL
    BOARD
    September
    23,
    1993
    REICHHOLD CHEMICALS,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 92—165
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On September 16,
    1993, Reichhold Chemicals,
    Inc.,
    filed
    a
    status report in accordance with the Board’s order of July
    1,
    1993,
    and a motion to stay proceedings.
    The Board originally,
    on
    December 3,
    1992, granted the petitioner a stay pending the
    decision of the Illinois Office of State Fire Marshal
    (OSFN)
    decision regarding the registration status of the underground
    storage tank involved in this proceeding.
    The Board has
    subsequently granted additional motions staying the proceeding in
    this matter until September 24,
    1993.
    As reported in the
    petitioner’s previous status report, the OSFM has deferred making
    a decision in the matter pending the outcome of Board of
    Education,
    Community Consolidated School Dist.
    No.
    15 v.
    Armstead,
    No. 91 CH 4963, which involves similar issues as in
    this matter.
    A decision in this matter was issued on September
    11,
    1992 upholding the arguments made by the petitioner.
    The
    OSFN has appealed the decision of the Circuit Court in Board of
    Education,
    Community Consolidated School Dist.
    No.
    15
    v.
    Armstead, No. 92—4145
    (Iii.
    App. Ct.,
    1st Dist.).
    The OSFM has
    stated that it does not plan to take action until the Appellate
    Court rules in Armstead.
    Petitioner is requesting an extension
    of the stay for an additional 120 days pending the decision on
    appeal.
    Petitioner’s motion to extend the stay of proceedings
    in
    this matter
    is hereby granted for 120 days,
    through January 22,
    1994.
    Reichhold has also waived the decision deadline in this
    matter until Nay 25,
    1994.
    The petitioner shall file an
    additional status report on January 10,
    1994.
    The Board notes
    that the status report
    is due 135 days prior to the current
    decision deadline.
    Therefore,
    the status report must include a
    definite schedule for completion of this matter within the
    decision deadline or petitioner must provide an appropriate
    waiver of the decision deadline.
    If OSFM renders a final
    decision before January 10,
    1994,
    petitioner shall promptly
    report that fact to the Board.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    ~oard, hereby ceitif~y~that
    the above order was adopted 2P the
    ‘~~dayof
    ~
    ,
    1993, by a vote of
    /~
    7/
    ~
    ~
    ~
    Dorothy N. ~,Ann,Clerk
    Illinois P,bXlution Control Board
    (1’

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