ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    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 Whittington v.
    Illinois Environmental
    Protection Agency,
    (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 Whittington 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 accepted the status
    report and directs the parties to file an updated status report
    on or before May 27, 1~94. Petitioner filed a status report on
    June 1,
    1994.
    The status report states that the petitioner and
    the respondent are still engaged in discussions which may lead to
    resolution of this matter.
    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 September 30,
    1994.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certif
    hat the above order was adopted on the
    ~
    -~&
    day of
    ___________________,
    1994, by a vote of
    ~‘
    ~.
    Illinois
    Control Board

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