ILLINOIS POLLUTION CONTROL BOARD
    September 9, 1993
    CONNECTICUT MUTUAL LIFE
    )
    INSURANCE CO.,
    Petitioner,
    )
    v.
    )
    PCB 93—165
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Theodore Meyer):
    On September 3, 1993 petitioner Connecticut Mutual Life
    Insurance Co. filed a petition for review of an Underground
    Storage Tank reimbursement determination. This matter is
    accepted for hearing.
    The Illinois Environmental Protection Agency (Agency) found
    that petitioner was not eligible for reimbursement from the UST
    Fund because the Office of the State Fire Marshal (OSFM) had
    indicated that the tanks are not registered. Petitioner states
    that it is currently completing the necessary information to
    register the tanks, and believes that upon that registration, it
    will meet the requirements for reimbursement from the Fund and
    the instant appeal will be withdrawn. Petitioner states that it
    filed this petition for review in order to protect its right to
    appeal, and that upon registration of the tanks with OSFM
    petitioner will resubmit its application to the Agency.
    Petitioner then concludes that it “is waiving its right to a
    hearing within 90 days.” (Pet. at 2.)
    The Board initially notes that we construe petitioner’s
    statement that it waives its right to “a hearing within 90 days”
    as an open waiver of the Board’s decision deadline.’ If
    petitioner disagrees with this statement, it must notify the
    Board within 14 days of the date of this order that it did not
    intend to grant an open waiver of the decision deadline.
    Although petitioner did not formally request a stay of this
    proceeding, the Board will not force the case to hearing at this
    time. The parties are ordered to file status reports to keep the
    Board informed of the progress of this case. The first status
    report shall be filed with the Board on or before December 10,
    We also note that Section 40 of the Environmental
    Protection Act establishes a 120-day, not 90—day, decision
    deadline. (415 ILCS 5/40 (1992).)
    2
    1993. Subsequent status reports shall be filed every 90 days
    thereafter, or sooner if circumstances warrant. Based on these
    status reports the Board will set the matter for hearing or take
    other appropriate action.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~y ~hat the above order was adopted on the
    ~t~/
    day of
    cJ•
    ~
    ,
    1993, by a vote of
    7~
    ~~TC~
    ~
    ~
    Dorothy M. Gu~mn, Clerk
    Illinois PoIJA~ition Control Board

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