ILLINOIS POLLUTION CONTROL BOARD

January 20, 1994

REICHHOLD CHEMICALS,

INC.,

)

Petitioner,

v.

)

PCB 92—165

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by

E. Dunham):

On June 23,

1993, Reichhold Chemicals,

Inc.

(Reichhold)

filed a

status

report and a motion to extend stay.

Reichhold

also filed

a waiver of the decision deadline.

The status report notes that the Office of the State Fire

Marshal

(OSFM)

has indefinitely stayed Reichhold’s registration

appeal pending a determination from the Illinois Appellate Court

in Board of Education. Community Consolidated School District 15

v. Armstead,

No. 92—4145

(Ill. App.

Ct.

1st Dist.)

Reichhold

notes that oral argument before the Appellate Court has not been

scheduled and it is reasonable to believe that the case will not

be decided in the next nine months.

Reichhold notes that a meaningful hearing before the Board

cannot be held until the OSFN decides the registration appeal.

Therefore, Reichhold requests a 250-day extension of the stay,

which expires on January 22,

1994.

Reichhold has waived its

statutory right to a decision for an additional 250 days up to

and including January

30,

1995.

The Board grants the motion for a 250-day extension of the

stay.

This matter is stayed until September 29,

1994.

The Board

also notes that given the present decision deadline, this matter

must be set for hearing at the time the stay expires.

The parties are instructed to file additional status reports

to be received by the Board on or before September 16,

1994.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Boar~,hereby

cer,t-i~fythat the above order was adopted on the

C~—/--~

day of

_____________________,

19941

by a vote of

7

—

1/

7’

Li:~/.

i7~

Dorothy M. ~

Clerk

Illinois PoAution

Control Board