ILLINOIS POLLUTION CONTROL BOARD
    January
    6,
    1994
    WEYERHAUSER
    CO.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—105
    (liST Reimbursement
    ILLINOIS ENVIRONMENTAL
    )
    Determination)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On December
    23,
    1993,
    Petitioner,
    Weyerhauser
    Co.,
    filed
    a
    status report in accordance with the Board’s order of September 23,
    1993, 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 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
    (Iii.
    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
    Armnstead.
    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
    February
    18,
    1994,
    discussing
    the
    progress
    in
    this
    matter.
    The stay in this matter is due to expire on March
    15,
    1994,
    therefore,
    the
    petitioner
    is
    also
    directed
    to
    file
    the
    appropriate motion on or before February 18,
    1994 to address the
    expiration of the stay.
    IT
    IS
    SO
    ORDERED.
    2
    I, Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Bpar.d, hereby cer
    that the above order was adopted on the
    ~
    day of _________________________,
    1993, by a vote of
    7-C.
    ,,
    Clerk
    .ution Control Board

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