ILLINOIS POLLUTION CONTROL BOARD
    March
    3,
    1994
    WEYERHAUSER CO.,
    Petitioner,
    v.
    )
    PCB 92—105
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by C. A. Manning):
    On February 22,
    1994,
    Petitioner,
    Weyerhauser
    Co.,
    filed a
    status report in accordance with the Board’s order of January
    6,
    1994, that also stayed proceedings in this matter until March 15,
    1994.
    The Board granted the petitioner a stay pending the decision
    of the Illinois Office of
    State
    Fire Marshal
    (“OSFM”)
    decision
    regarding the registration status of the underground storage tank
    (“UST”) involved in this proceeding.
    There has been an open waiver
    filed
    in this proceeding and as of the date of this order,
    no
    hearing has been held in this matter.
    As reported in the petitioner’s previous status report,
    the
    OSFM has deferred making
    a decision
    in the matter pending the
    outcome of Board of Education, Community Consolidated School Dist.
    No.
    15 v. Armstead,
    No.
    91 CH 4963, which involves similar issues
    as
    in this matter.
    Armstead was
    decided on September
    11,
    1992
    upholding the arguments made by the petitioner.
    The State
    has
    appealed the decision of the Circuit Court in Board of Education,
    Community Consolidated School Dist. No.
    15 v. Armstead, No. 92—4145
    (Ill. App. Ct., 1st Dist.).
    Petitioner’s attorney was informed by
    the Office of the Clerk of the Illinois Appellate Court,
    First
    District, that all briefs have been submitted but that the case has
    not yet been set for oral argument.
    The OSFM has stated that it
    does not plan to take action until the Appellate Court rules
    in
    Armstead.
    Petitioner is directed to file another status report with the
    Clerk of the Board and the assigned hearing officer in this case on
    or before August 19, 1994, discussing the progress in this matter.
    The stay in this matter is extended until September
    2,
    1994.
    If
    the Appellate Court makes a decision in Armstead petitioner shall
    promptly report the fact to the Board.
    IT IS SO ORDERED.
    2
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bp~~I,hereby certi~that the above order was adopted oj~the
    day of
    _________________,
    1994,
    by a vote of
    ~
    ~
    A.
    J~
    Dorothy M
    Gunn, Clerk
    Illinois
    ollution Control Board

    Back to top