ILLINOIS POLLUTION CONTROL BOARD
October 6,
1994
EDWARDS-ETHERTON OIL COMPANY,
)
Petitioner,
)
v.
)
PCB 92—168
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by C.
A. Manning):
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 September 30,
1994, petitioner filed an updated status
report pursuant to the Board’s June 23,
1994 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
(1993)).
Petitioner requested
and was granted a stay in this matter pending the outcome of the
State Bank of Whittinqton 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 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 13,
1995.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify tha
he above order was adopted on the
1~7
day of
I
,
1994,
by a vote of
~‘
Dorothy M.
Illinois Po~