ILLINOIS POLLUTION CONTROL BOARD
June
17,
1993
IN THE MATTER
OF:
)
PCB 92—110
TRADE SECRET CLAIM BY
)
(Trade Secret)
THE GRIGOLEIT COMPANY, an
)
(also see PCB 90-135)
Illinois Corporation.
ORDER OF THE BOARD
(by J. Anderson):
On June
4,
1993,
The Grigoleit Company (Grigoleit)
filed a
status report in response to the Board’s March 25,
1993 order and
a motion to continue.
In its March
25,
1993 order, the Board
directed the parties to file status reports with the Board by May
5,
1993.
In its motion, Grigoleit requests the Board to continue this
matter and require the parties to file a status report on or
before July 16,
1993.
Grigoleit asserts that such extension will
provide it with additional period to determine what course of
action
it intends to follow in this matter.
In support of its request, Grigoleit states that
it has
participated in a series of settlement negotiations with the
State which would,
if successful,
culminate in the settlement of
this case as well as the following three cases:
PCB 90-135, ~
Grigoleit Company
v.
Illinois Environmental Protection Agency
PCB 91-157, People of the State of Illinois v. The GricToleit
Company and
PCB 92-23, The Grigoleit Company v. Illinois
Environmental Protection Agency.
Grigoleit adds that the Illinois Environmental Protection
Agency
(Agency) notified Grigoleit on May 19,
1993, that it was
postponing settlement negotiations with respect to PCB 92—23,
pending a decision to seek appeal of the Fourth District
Appellate Court decision in 4-92-0029
(i.e.,
the appeal of PCB
89-184).
The telephone notification was followed by a letter of
the same date in which the Agency postponed settlement
negotiations
in the above—mentioned cases.
Grigoleit notes that
the Agency’s decision to postpone settlement discussions was made
without prior consultation with Grigoleit and,
in Grigoleit’s
opinion, had the effect of unilaterally terminating settlement
discussions in all matters before the Board.
In light of the above, the Board grants Grigoleit’s motion
to continue.
The Board notes that this is the sixth motion to
continue this matter.
Accordingly, the Board cautions Grigoleit
that it will not continue this matter indefinitely and that it
expects the parties to expeditiously pursue a resolution of this
case.
The parties are directed to file status reports in this
matter.
Such status reports are to be received by the Board no
later than July
16,
1993.
0
L~.3-3
j75
2
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify tha
e above order was adopted on the
/7ZZ
day of
_________________,
1993,
by a vote of
Dorothy M.
9~Iftn,
Cle~k
Illinois Pq~JutionControl Board
0
143-0176