ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    September
    23,
    1993
    WEYERHAUSER CO.,
    )
    Petitioner,
    v
    )
    PCB
    92—105
    (UST
    Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A.
    Manning):
    On September 14,
    1993, Petitioner,
    Weyerhauser Co.,
    filed a
    status report
    in accordance with the Board’s order of May 20,
    1993,
    and
    a motion to stay proceedings.
    The Board originally,
    on
    September 17,
    1992, granted the petitioner a stay pending the.
    decision of the Illinois Office of State Fire Marshal
    (“OSFM”)
    regarding the registration status of the underground storage tank
    (“UST”)
    involved in this proceeding. As reported in the
    petitioner’s previous 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
    (Ill.
    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 ArTnstead.
    Petitioner is requesting an extension of the stay
    for an additional
    180 days pending the decision of the Appellate
    Court and OSFM.
    Petitioner’s motion to extend the stay of proceedings in
    this matter is hereby granted for 180 days, through March
    15,
    1994; the Petitioner shall
    file status reports on a ninety
    (90)
    day interval which includes an estimated date for the termination
    of this action.
    If OSFM renders a final decision before March
    15,
    1994,
    petitioner shall promptly report that fact to the
    Board.
    IT
    IS
    SO
    ORDERED.
    2
    I,
    Dorothy
    N. Gunn,
    Clerk of the Illinois Pollution Contrql.
    Board,
    hereby certify that the above order was adopted on the.~
    day of
    ~
    -
    ,
    1993,
    by
    a vote of
    / ~
    1~
    ‘I,
    /
    ..
    7
    ~
    (
    ~
    Dorothy N. 9Ubn,
    Clerk
    Illinois Po~lutionControl Board

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