ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1985
    MONSANTO COMPANY,
    Petitioner,
    V.
    )
    PCB 85—19
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J.
    D. Dumelle):
    This matter comes before the Board upon motions
    to strike
    and
    for partial decision filed May 17,
    1985,
    on behalf of
    Monsanto company and a
    response filed May 28,
    1985, on behalf of
    the Illinois Environmental Protection Agency (Agency).
    Monsanto
    moves
    to strike Exhibit 22
    from the administrative record and for
    the Board
    to rule against the Agency as
    to the trade secret
    status of Exhibits 16,
    21 and 22
    as
    a matter of
    law.
    The Agency
    opposes
    the motion for
    partial decision.
    The Board agrees with the Agency that the Agency has not
    admitted “sufficient facts
    to show, as a matter of
    law,
    that the
    wastes indicated in Exhibits 16, 21 and 22 were
    not subject
    to
    di.sclosure
    (Agency Memorandum, May 28,
    1985,
    p. 1).”
    The
    language of Section 7(d)
    of the Illinois Environmental
    Protectionn Act, which
    is argued as controlling
    this matter,
    demands a close
    factual scrutiny of the record.
    Based on the
    present record before
    the Board,
    the Board cannot determine that
    the
    facts are sufficiently clear
    to make a decision as
    a matter
    of law as reguested~ The motion for partial decision is,
    therefore, denied.
    The Board notes
    that it has no information
    on whether the
    substances described
    in the exhibits are “being placed or
    to be
    placed
    in landfills or hazardous waste treatment storage or
    disposal facilities”
    under any other permit or circumstances.
    If
    so,
    the Board wishes
    to know whether the
    information claimed here
    as confidential
    is contained in other
    files not claimed as
    confidential
    Similarly,
    the Board
    finds that there are insufficient facts
    to demonstrate
    that Exhibit 22 should be stricken and affirms the
    M~y10, 1985,
    Hearing Officer Order
    denying that motion.
    IT IS SO ORDERED
    64-211
    —2—
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    5~i
    day of ________________________,
    1985,
    by
    a vote
    of
    -7—0
    .
    &k~~~,fr7?,
    Dorothy M.
    unn,
    Clerk
    Illinois Pollution Control Board
    84-212

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