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