ILLINOIS POLLUTION CONTROL
BOARD
April 9, 1992
CO1INUNITY CONSOLIDATED
)
SCHOOL DISTRICT NO. 15,
)
Petitioner,
v.
)
PCB 91—75
(Underground Storage
ILLINOIS ENVIRONMENTAL
)
Tank Reimbursement)
PROTECTION AGENCY,
)
)
Respondent,
ORDER OF THE BOARD (by B. Forcade) :
On Nay 6, 1991, the School District filed a petition for
review. On November 20, 1991, the petitioner filed an open
waiver of all deadlines for administrative hearings and all other
actions along with a status report. A second open waiver and
status report were filed with the Board on February 25, 1992.
The School District has initiated an action in the Circuit
Court of Cook County, Chancery Division, Board of Education,
Community Consolidated School District No. 15, Cook County
Illinois v. Office of ths State Fire Marshal, 91 CH 04963, for
mandamus, declaratory and injunctive relief against the Office of
the State Fire Marshal. The School District and the Agency are
awaiting the resolution of the action pending in Circuit Court
prior to proceeding before the Board, since the decision of the
Circuit Court may impact the School District’s petition for
review. The last status report submitted by the School District
reports that the most recent action taken by the Circuit Court
was on February 14, 1992, when the court denied the State Fire
Marshal’s motion to dismiss and ordered the State Fire Marshal to
answer or otherwise respond to the School District’s complaint
before March 13, 1992.
In order to assure that this matter before the Board is
handled as expeditiously as possible, the School District is
instructed to inform the Board promptly of any changes in the
current status of the action before the Circuit Court. The
School District is requested to submit a status report to the
Board before May 28, 1992, and to submit subsequent status
reports every 90 days thereafter.
IT IS SO ORDERED.
132—57
2
I,Dorothy Gunn, Clerk of the Illinois Pollution Control
Boai~d, hereby certify~thatthe above order was adopted on the
~
day of
________________,
1992, by a vote of
7—
C’
Dorothy M. ~inn, Clerk
Illinois Pd~lutionControl Board
132—58