ILLINOIS POLLUTION CONTROL BOARD
    July 30,
    1992
    THE GRIGOLEIT COMPANY, an
    )
    Illinois Corporation,
    )
    Petitioner,
    PCB 90—135
    v.
    )
    (Trade Secret)
    )
    (Also see PCB 92—110)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On July 20,
    1992,
    The Grigoleit Company (Grigoleit)
    filed a
    Statement of Justification in response to a June 4,
    1992 Board
    Opinion and Order.
    That Board Order is repeated in its entirety
    as follows:
    1.
    Because no timely determination by the Agency
    was made in this matter:
    2.
    The Material Safety Data Sheets
    (MSDSs)
    shall
    continue to remain confidential.
    If,
    however,
    within 45 days, Grigoleit fails to take action
    pursuant to paragraph 3, the documents will be
    subject by Board Order to placement in the
    public domain and this case will be dismissed.
    3.
    If, within 45 days of the date of this order
    Grigoleit,
    pursuant to Section 120.201 of the
    Act, and with particular reference to Section
    120.201(a) (3), either submits a Statement of
    Justification for the claim or, alternatively,
    a claim with a limited waiver, this case will
    be dismissed and the matter will be dealt with
    as a new case in a newly docketed proceeding’
    before the Board.
    However, Grigoleit need not
    resubmit the documents which are in the Board’s
    possession which the Board has previously found
    are properly marked.
    4.
    The Board will retain jurisdiction in this matter.
    In’that Grigoleit has elected to file a Statement of
    Justification within the 45 day time limit contained in para.
    3
    of the above order,
    the Board:
    0135-0115
    2
    1.
    Directs that the MSDSs continue to remain
    confidential;
    2.
    Dismisses this case;
    3.
    Directs that the Statement of Justification as
    well as the MSDSs be placed in a new docket, as
    a new case,
    PCB 92-110;
    and,
    4.
    Relinquishes jurisdiction in this matter.
    The Board emphasizes that by this action
    it in no manner is
    ruling on the sufficiency of the Statement of Justification.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989,
    ch.
    111 1/2,
    par.
    1041, provides for appeal of final
    orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    (
    But see also
    35
    Ill.
    Adra.
    Code 101.246, Motions for Reconsideration,
    and
    Castenada v.
    Illinois Human Rights Commission (1989),
    132 Ill.2d
    304,
    547 N.E.2d 437).
    B.
    Forcade concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~
    day of _______________________,
    1992, by a vote of
    ~
    A.
    Dorothy M. p/mn, Clerk
    Illinois P~,ZlutionControl Board
    0135-0116

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