ILLINOIS POLLUTION CONTROL BOARD
March 25,
1993
THE GRIGOLEIT COMPANY,
)
Petitioner,
)
V.
)
PCB 92-23
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by
J. Anderson):
On March 16,
1993,
The Grigoleit Company (Grigoleit)
filed a
joint status report in response to the Board’s February 25,
1993
order and a motion to continue.
In its February 25,
1993 order,
the Board directed the parties to file status reports with the
Board by March
16,
1993.
On February 18,
1993, Grigoleit
provided a waiver of the decision deadline through June 30,
1992.
In its motion, Grigoleit requests the Board to continue this
matter and require the parties to file a status report on or
before May 3,
1993.
In support of its request, Grigoleit states
that it and the Agency have been engaged in settlement
negotiations which would,
if successful,
culminate in the
settlement of this case as well as the following three cases:
PCB 90-135, The Grigoleit Company v. Illinois Environmental
Protection A~encv PCB 91-157, People of the State of Illinois v.
The Grictoleit Company
and PCB 92-110,
In the Matter of Trade
Secret Claim bY The Grigoleit Company.
Grigoleit adds that,
in addition to the settlement
discussions set forth
in the parties’ February 16,
1993 status
report, the State has provided Grigoleit with written responses
to the settlement proposal on February 19 and 25,
1993, and on
March
16,
1993.
On February 25,
1993, Grigoleit replied to the
Agency’s February 19,
1993 response.
Because of difficulties in
coordinating schedules, the parties have been unable to meet in
person to further their discussions.
The parties are now trying
to schedule such a meeting for the first week of April.
In its October 29,
1992,
and January 21,
1993 orders, the
Board stated that it intended to make a final determination in
this matter by the decision deadline (i.e., at that time,
December 11,
1992).
The Board also reminded the parties that
they were obligated, via a September 21,
1992 Board order, to
contact the hearing officer if they wished to hold another
hearing in this matter.
Although the decision deadline is now
June 30,
1993,
the Board notes that,
if the parties determine on
May 3,
1993, that they are unable to settle this matter but wish
01
~o-02O1
2
to have another hearing,
the Board will be
left with Virtually
flC
time after hearing in which to render a decision in this case by
the June 30,
1993 decision deadline.
Accordingly, the Board denies Grigoleit’s motion to
continue.
The Board will reconsider our ruling provided that
Grigoleit provides
a waiver of the June 30,
1993 decision
deadline.
Any waiver shall be received by the Board no later
than April
8,
1993.
If, however, Grigoleit chooses not to
provide a waiver,
it shall inform the hearing officer by April
10,
1993, whether or not it wishes to proceed to hearing.
(See
September 21,
1992 Board order.)
IT IS SO ORDERED.
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
_____________
day
of
~-
~-t-~~4’
,
1993,
by
a
vote
of
~
~-,
//~7~/
Dorothy M. 4(inn,
Clerk
Illinois Pe,Xlution Control Board
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