ILLINOIS POLLUTION CONTROL BOARD

September 21,

1992

THE GRIGOLEIT COMPANY,

Petitioner

v.

)

PCB 92—23

)

(Permit

Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

On September 15,

1992,

hearing was held in this ~matter. On

September 16,

1992, the hearing officer advised the Board, via

letter, that he discharged the court reporter and closed the

record when neither Grigoleit Company,

Inc.

(Grigoleit) nor the

Illinois Environmental Protection Agency

(Agency) appeared at the

hearing.

The hearing officer also stated that, on September 9,

1992, Grigoleit’s attorney telefaxed a letter to him, but that he

never received anything from either party after the telefax.

The

hearing officer discussed the letter at hearing and incorporated

the letter into the hearing record.

In the September 9,

1992

letter, Grigoleit’s attorney stated that he dictated both a

“Motion to Vacate Hearing Allotment” and a letter to the hearing

officer explaining that the parties were working toward a

settlement,

but that neither document was transcribed.

On September 18,

1992,

the hearing officer advised the

Board, via

letter, that he received a second telefax, dated

September 17,

1992,

from Grigoleit’s attorney explaining the

parties’ failure to appear at hearing.

Because the Board was not

sent a copy of the letter and because of the circumstances of the

case,

the hearing officer requested that the Board advise him of

its wishes in this matter.

In the September 17,

1992 telefax,

Grigoleit’s attorney apologized to the hearing officer and stated

that,

although the Agency’s attorney advised him of the hearing

dates, his office did not receive any formal notification

concerning the hearing.

Grigoleit’s attorney also stated that

his secretary. telephoned the hearing officer’. aecretary after

the September 9,

1992 telefax was transmitted and was told that

there was “no problem”.

Grigoleit’s attorney also stated that he

construed “no problem” as meaning that

the

hearing had

bean

vacated, when “no problem” apparently meant

that

the

telefax

had

been received.

Finally, Grigoleit’s attorney offered to

reimburse the State for any and all reasonable expenses incurred

including travel expenses, meals,

lodging, court reporter fees,

etc.

01360199

---

2

An examination of the Clerk’s files shows that the hearing

officer drafted an August

3,

1992 scheduling order that contains

the September 15,

1992 hearing date.

Although there is no

indication that the order was mailed to the parties, Grigoleit’s

September 17,

1992 telefax indicates that the Agency’s attorney

was

a~ware~

of

the

~hear.ing

~

In

light

of

the

unusual

circumstances

of

this

case,

the

Board directs the parties to contact the hearing officer

regarding rescheduling this matter for hearing.

Because this

matter currently has a December 11,

1992 decision deadline, any

rescheduling of the hearing will be subject to Grigoleit’s

providing

an

appropriate waiver of decision deadline.

The Board

also directs Grigoleit to pay all costs incurred as a result of

the September 15,

1992 hearing.

Current receipts show that both

the hearing officer and the shorthand reporter incurred a total

of $889.91 in costs.

The Clerk of the Board is directed to send

all bills to Grigoleit.

Grigoleit can then send its payment

directly to the hearing officer and shorthand reporter.

IT IS SO ORDERED.

Board Member J. Theodore Meyer concurred.

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

control

Board, hereby certify that th!~boveorder was adopted on the

‘~-~--

day

of

~

1992

by

a

vote

of

/~

Dorothy

N.

Gu~/1,

Clerk

Illinois

Po1J~tion

Control

Board

0136-0200