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~

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