ILLINOIS POLLUTION CONTROL BOARD
November 4, 1993
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 October 7, 1993, the Board directed the petitioner to submit
to the Board and Hearing Officer a status report by October 21,
1993. On October 25, 1993, 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
Whjttington, 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 February 3, 1994.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Bo~d, hereby ce~ify that the above order was adopted on
jthe
~
day of
/7 ~
,
1993, by a vote of ~
7
‘~borothy14//ôunn, Clerk
Illinois Pollution Control Board