ILLINOIS POLLUTION CONTROL BOARD
September
28, 1989
HIGHLAND SUPPLY CORPORATION,
)
Petitioner,
v.
)
PCB 89—118
(Permit—Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J. Marlin):
By Order of August
31,
1989,
the Board requested the parties
to address whether pages in the Agency record filed August
28,
1989 marked
“confidential” should be maintained by the Clerk
as
confidential.
On September
14,
1989, Highland filed a brief
in
support
“of retaining trade secrets
in Agency record documents”
accompanied by an edited version of
the Agency record
in which
all trade secret information had been removed or deleted.
On
September
22,
1989,
the Agency filed a response and motion to
substitute Highland’s edited version for
its original
filing;
this response was accompanied by a motion for leave to file
instanter,
which
is hereby granted.
The edited
record supplied by Highland will be placed in the
public files.
The Agency has requested that the full version of
the record be returned to
it, noting that “due to recent
reformulations by Highland Supply
in its inks,
the Agency is in
the process of granting Highland Supply an operating permit,
effective upon the dismissal of the pending permit appeal.”
The
Board believes
that the more administratively efficient course
is
to retain the full version until such time as petitioner
seeks
dismissal of this appeal, as
it
is the experience of
the Board
that permit negotiations occasionally break down and the matter
must be adjudicated by the Board.
The motion
to substitute is granted
in part.
The Clerk
is
directed
to place Highland’s September
14 edited version in the
public files, and
to retain all copies
of the Agency’s August
28
full version in the security files
for continued confidential
treatment.
In the event of
a motion for dismissal,
the full
version will be returned to whichever party so requests.
103-551
—2—
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of
the Illinois Pollution Control
Board, hereby certify
t
the
~1’~
day of
~
was adopted on
_______
_________________________
198~9,by a vote
of
________.
Dorothy M. Gu~n,
Clerk
Illinois Pol~itionControl Board
103—552