ILLINOIS POLLUTION CONTROL BOARD
    February 17,
    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 January 15,
    1993,
    petitioner
    filed
    a
    motion to
    continue the hearing and final decision pending the Board’s
    decision in State Bank of Whittinc~ton
    V.
    Illinois Environmental
    Protection Ac~ency, (June
    3,
    1993), PCB 92-152.
    An open waiver of
    its right to final Board action as provided for in Section 40 of
    the Environmental Protection Act was also filed.
    (415 ILCS 5/40
    (1993)).
    The Board granted the stay of proceedings as requested
    on January 21,
    1993,
    until June 3, 1993.
    The Board decided State Bank of Whittinaton on June 3,
    1993.
    On November 4,
    1993, the Board directed the petitioner to submit
    to the Board and Hearing Officer a status report by February 3,
    1994.
    On February 8,
    1994, the petitioner filed a status report.
    The status report states that there are issues raised that are in
    controversy in addition to those raised in State Bank of
    whittington, and that the parties are engaged in discussions
    which may lead to resolution in this matter.
    The petitioner and
    respondent make the request to submit a subsequent status report
    to the Board within 90 days.
    The Board accepts the status report and directs the parties
    to file an updated status report on or before May 27,
    1994.
    IT IS SO ORDERED.

    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer~if that the above order was adopted on the
    17~
    day of
    ____________________,
    1994,
    by a vote of
    c~’
    ‘-j’.
    ~
    ~
    Dorothy M.q4nn, Clerk
    Illinois Póflution Control Board

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