ILLINOIS POLLUTION CONTROL BOARD
May 11,
1995
EDWARDS-ETHERTON OIL COMPANY,
)
Petitioner,
)
v.
)
PCB 92—168
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.
Yi):
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.
This matter was accepted for hearing.
On May
9,
1995 petitioner filed an updated status report
pursuant to the Board’s February
2,
1995 order.
Petitioner has
filed an open waiver of it’s right to final Board action as
provided for in Section 40 of the Environmental Protection Act.
(415 ILCS 5/40
(1993)).
Petitioner requested and was granted a
stay in this matter pending the outcome of the State Bank of
Whittington v.
Illinois Environmental Protection Agency,
(June
3,
1993),
PCB 92—152,
due to related issues.
Petitioner has stated
in the last two 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 Whittington.
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 August
7,
1995.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Bo~d,hereby certify that the above order was adopted on the
/7~ day of
1995,
by a vote of
4.