ILLINOIS POLLUTION CONTROL BOARD

September 21, 1995

THE OK TRUCKING COMPANY, )

)

Petitioner, )

)

v. ) PCB 92-108

) (UST Fund)

ILLINOIS ENVIRONMENTAL )

PROTECTION AGENCY, )

)

Respondent. )

ORDER OF THE BOARD (by E. Dunham):

On September 12, 1995, OK Trucking filed a status report

with the Board. The status report notes that a similar issue

to that raised by OK Trucking is presently before the

Appellate Court in Board of Education v. Armstead, No. 92-4145

(Ill. App. Ct., 1st Dist.). That case is presently awaiting

the scheduling of oral arguments.

OK Trucking also reports that the circuit court affirmed

the Office of State Fire Marshal's (OSFM) decision regarding

the registration of OK Trucking's tanks. OK Trucking filed an

appeal of the circuit court's decision. The Appellate Court

affirmed the circuit court's decision on July 14, 1995. OK

Trucking has filed a Petition for Leave to Appeal with the

Illinois Supreme Court.

To assure that this matter before the Board is handled as

expeditiously as possible, OK Trucking is instructed to

inform the Board promptly of any changes in the current status

of

these proceedings. In addition, OK Trucking is directed to

file an additional status report with the Board on or before

December 21, 1995.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution

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