ILLINOIS POLLUTION CONTROL BOARD
    August 24,
    1995
    WEYERHAUSER CO.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—105
    (UST Reimbursement
    ILLINOIS ENVIRONMENTAL
    )
    Determination)
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    J. Yi):
    The Board in its order of January
    1,
    1995 directed the
    petitioner to file a status report on or before August 11,
    1995
    and extended the stay in this matter until August 17,
    1995.
    On
    August 15,
    1995, Petitioner, Weyerhauser Co.,
    filed a status
    report.
    Previously the Board granted the petitioner a stay
    pending the decision of the Illinois Office of State Fire Marshal
    (OSFM) decision regarding the registration status of the
    underground storage tank
    (UST)
    involved in this proceeding.
    There has been an open waiver filed in this proceeding and as of
    the date of this 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 of Board of Education,
    Community Consolidated School
    Dist.
    No.
    15 v. Armstead,
    No.
    91 CM 4963, which involves similar
    issues as in this matter. Arinstead was decided on September 11,
    1992 upholding the arguments made by the petitioner.
    The State
    has appealed the decision of the Circuit Court in Board of
    Education.
    Community Consolidated School Dist.
    No.
    15
    v.
    Armstead, No. 92—4145
    (Ill.
    App.
    Ct., 1st Dist.).
    Petitioner’s
    attorney was informed by the Office of the Clerk of the Illinois
    Appellate Court, First District, that all briefs have been
    submitted but that the case has not yet been set for oral
    argument.
    Since the last status report the attorneys
    representing the Board of Education withdrew their appearances.
    No further information is available as to when this case may
    proceed to oral argument.
    The OSFM has stated that it does not
    plan to take action until the Appellate Court rules
    in Armstead.
    Petitioner requests an additional 180 day stay in this matter
    until March
    8,
    1996.
    Petitioners request to extend the stay in this matter is
    granted.
    Petitioner is directed to file another status report
    with the Clerk of the Board and the assigned hearing officer in
    this case on or before February 23,
    1996, discussing the progress
    in this matter.
    The stay in this matter
    is extended until March
    2
    8,
    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 of the Illinois Pollution Control
    Board, her~bycertify that the above order was adopted on the,2~
    day of
    ‘/~r
    ,
    1995,
    by a vote of
    7-~2
    (I
    n
    ~
    á~
    Dorothy M. gbnn,
    Clerk
    Illinois Pollution Control Board

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