ILLINOIS POLLUTION CONTROL BOARD
    September 21, 1995
    MOLINE/DUTCHWAY DRY
    )
    CLEANERS,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 92-102
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Theodore Meyer):
    Pursuant to the June 15, 1995 Board order,
    Moline/Dutchway Dry Cleaners (Moline) was directed to submit a
    status report on or before September 13, 1995. In its status
    report filed on September 18, 1995, Moline states that in June
    1995, the parties were awaiting further review of eligibility
    from the Office of the State Fire Marshal in this matter.
    Moline further states that on or about June 21, 1995 the
    United States Environmental Protection Agency (USEPA) withdrew
    its approval of the Illinois Underground Storage Tank fund.
    The result of USEPA's disapproval is that Moline is unable to
    obtain further review of its eligibility for reimbursement.
    Moline asserts that the Illinois Environmental Protection
    Agency denied approval based upon its retroactive application
    of the amendment to Public Act 87-1088. Moline reports that
    this issue of retroactive application of Public Act 87-1088 is
    currently on appeal before the Illinois Supreme Court from a
    decision in First of America Trust Company v. Armstead, 269
    Ill.App.3d 432, 646 N.E.2d 302 (3d Dist. 1995). As such,
    Moline requests permission to submit within 45 days either a
    dispositive motion for summary judgment or a request for stay
    pending the outcome of the above-referenced case.
    The Board accepts Moline's status report. To assure that
    this 1992 matter before the Board is handled as expeditiously
    as possible, Moline is instructed to inform the Board promptly
    of any changes in the current status of these proceedings.
    Moline also is directed to file an updated status report and
    other appropriate motions with the Board no later than
    November 6, 1995.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution
    2
    Control Board, hereby certify that the above order was adopted
    on the _______ day of _________________, 1995, by a vote of
    _______.
    ______________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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