ILLINOIS POLLUTION
CONTROL
BOARD
January 7,
1993
WEYERHAUSER CO.,
)
)
Petitioner,
)
)
v.
)
PCB 92~1O5
(Underground Storage
Fund Reimbursement
D.tsr*ination)
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
ORDER
OF
THE
BOARD
(by
3.
C.
Marlin):
This
matter
comes
before
the
Board
on
a
December
30, 1992,
motion by Weyerhauser Company (Petitioner) to continue the stay
of
proceedings granted by the Board on September 17, 1992.
That
stay was granted to allow time for the Illinois Office of the
Fire Marshal
(“OS??!”) to render a final dsãI.ion determining the
registration of the underground storage tafik (UST)
in
question.
Petitioner alleges that the registration status of the UST
is
a
central issue in this appeal, and that it is also possible that
the OS??! determination wil3 render
this
appeal moot.
On September 17,
1992, the Board granted p.titionsr ~ moti~
to stay the proceedings for 120
days
(Until January 17, 1993)
at
which time petitioner was ordered to report on the status of the
appeal of the OS?M’a decision, and if necessary, request an
óxtension of the stay.
The Board notes that on September 3,
1992, pursuant to 35 Ill. Mm. Code 101.105, the petitioner 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
(Ill.Rev.
Stat. ch.
111 1/2 par.
1040
(1991)).
Pursuant to the September 17,
.
1992 order, petitioner ha.
filed a status report with the Board.
Petitioner reports that
OS??! conducted a hearing on this matter on itoviaber 10, .1992,
and
that all final briefs have been submitted.
Petitioner further
reports that the hearing officer ha. not yet made
his
recommendation and the OS??! has not rendered a final
decision.
Petitioner requests a continuation of the stay of proceedings for
an additional
120
days while awaiting OS?M’s final decision
in
this matter.
Petitioner’s motion to continue the
stay
of proceedings
in
this matter is hereby granted for 120 days, through May 17,
1993;
at that time petitioner shall file a status report which includes
0138-026.5
2
an estimated date for the termination of this action.
If OS??!
renders a final decision before May 17, 1993, petitioner shall
promptly report that fact to the Board.
IT IS SO
ORDERED.
I, Dorothy M. Gunn,
Clerk of
the Illinois Pollution Control
Board, hereby
fy that
the
above order was
adopted on
the
‘7~
day of
__________________,
1993,
by
a
vote
of
.f~
~
)?L
,L~
Dorothy
M.,4unn, Clerk
Illinois
~,Illution
Control
Board
0138-0266