ILLINOIS POLLUTION CONTROL BOARD
    January 21, 1993
    EDWARDS-ETHERTON OIL COMPANY, INC.,
    Petitioner,
    V.
    PCB 92—168
    (Underground Storage
    Tank Reimbursement
    )
    Determination)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by 3. C. Marlin):
    This matter comes before the Board on petitioner’s November
    4, 19~2, appeal of the Agency’s decision to deny reimbursement of
    corrective action costs. On January 15, 1993, petitioner filed a
    motion to continue the hearing and final.decision, and an open
    waiver of its right to final Board action as provided for in
    Section 40 of the Environmental Protection Act (Ill. Rev. Stat.
    ch. 111 1/2 par. 1040 (1991)). Petitioner indicates that the
    Agency supports the motion to continue.
    Petitioner asserts that the issues raised in State Bank of
    Whittinaton, PCB 92-152, are substantially
    similar
    to those in
    the instant matter. Therefore, petitioner requests a continuance
    pending the outcome of that case. The decision date in
    ~
    Bank of Whittington has been waived until May 20, 1993. In
    addition, petitioner. asserts that the parties are currently
    involved :in negotiations concerning issues not at issue in
    Whittinaton.
    The Board construes the motion to continue as a request for
    a stay in the proceedings. The Board does not favor open—ended
    “continuances” or stays of proceedings. Accordingly, the Board
    hereby orders a stay of proceedings in this matter until June 3,
    1993. The parties are directed to confer with the hearing
    officer during the week of May 24, 1993, after which the hearing
    officer shall enter an appropriate order designed to bring these
    proceedings to an expeditious conclusion.
    IT IS SO ORDERED.
    OI38-O~6I
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif hat the above order was adopted on th~
    ~ day of
    -
    ,
    1993, by a Vote of ~
    ~
    —~orothy
    4~z
    14. ,G~inn,
    ~z.
    Clerk
    ~
    Illinois P4.1’~LutionControl Board

    Back to top