ILLINOIS POLLUTION CONTROL BOARD

May 20,

1993

WEYERHAUSER CO.,

Petitioner,

V.

)

PCB 92—105

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENC’~,

)

Respondent.

ORDER OF THE BOARD

(by C.

A. Manning):

This matter comes before the Board on a May 11,

1993,

a

status report and motion to continue stay in this matter filed by

Weyerhauser.

Weyerhauser reports that it has a simultaneous

appeal before the Office of the State Fire Marshal

(OSFM)

regarding the registration status of on of its underground

storage tanks involved in this appeal.

Currently, the OSFM is

deferring any decision on Weyerhauser’s appeal pending the

outcome of Board of Education,

Community Consolidated School

Dist.

No.

15

v.

Armstead,

No.

92-4145

(Ill. App.

Ct.,

1st Dist.),

an appellate case which raises the same issues as those in

Weyerhauser’s appeal.

Weyerhauser asks that the Board extend the stay in this

matter for an additional 180 days until after the appellate court

decides the Armstead case.

Weyerhauser states that when the

appealed case is decided it will inform the Board and seek to

compel the OSFM to render a decision in its appeal.

The Board

notes that on September

3,

1992, Weyerhauser filed an open waiver

of its right to final Board action on this matter as provided for

in Section 40 of the Environmental Protection Act.

(415 ICLS

5/40

(1992).)

Weyerhauser’s motion to stay the proceedings

is hereby

granted for 120 days through September 17, 1993;

at that time

Weyerhauser shall file a status report which includes an

estimated date for termination of this action.

If the OSFM

renders a final decision before September 17,

1993, Weyerhauser

shall promptly report that fact to the Board.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above order was adopted on the

~

day of _________________________, 1993,

by a

‘~te

of c:~—C).

(4

~.

Dorothy N. $~nn,Clerk

Illinois Po~lutionControl Board

Ii

~

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