ILLINOIS POLLUTION CONTROL BOARD
    October 19,
    1995
    EDWARDS-ETHERTON OIL COMPANY,
    Petitioner,
    v.
    )
    PCB 92—168
    (UST Fund)
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Ii):
    This matter is before the Board on petitioner’s November 4,
    1992 appeal of the Illinois Environmental Protection Agency’s
    (Agency) decision to deny reimbursement
    of corrective action
    costs.
    On October 16,
    1995, petitioner filed an updated status
    report pursuant to the Board’s May 11, 1995 order.
    Petitioner
    has filed an open waiver in this matter so there
    is no statutory
    decision deadline pursuant to Section 40 of the Environmental
    Protection Act.
    (415 ILCS 5/40
    (1994)).
    Petitioner requested
    and was granted a stay in this matter pending the outcome of the
    State Bank of Whittinciton v.
    Illinois Environmental Protection
    Aciency,
    (June 3,
    1993), PCB 92—152, due to related issues.
    Petitioner has stated in the last three status reports, since the
    decision in State Bank of Whittington, that there are issues
    remaining in controversy in addition to those raised in State
    Bank of Whittinciton.
    The remaining issues involve civil
    litigation
    in which the
    Agency is not a party and are pertinent
    to resolution of this matter.
    This status report states that
    Petitioner and counsel for the Agency are continuing in
    discussions which may lead to resolution.
    Petitioner requests
    an additional 90 days to file an updated status report.
    Petitioner makes this request in order to conserve resources of
    the parties.
    The Board accepts petitioner’s status report on behalf of
    the parties and directs the parties to file an updated status
    report on or before January
    19,
    1996 which includes any pertinent
    information on the status of the related civil litigation and an
    estimation of when this matter will be resolved.
    IT IS SO ORDERED.
    Board member J.
    Theodore Meyer dissented.
    2
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~~J~at
    the above order was
    /9~
    day of
    ______________________,
    1995,
    by a
    Illino~
    Control Board

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