ILLINOIS POLLUTION CONTROL BOARD
January 21,
1993
THE GRIGOLEIT
COMPANY,
Petitioner
v.
)
PCB 92—23
(Permit Appeal)
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER
OF THE BOARD
(by J. Anderson):
On January 15,
1993, The Grigoleit Company (Grigoleit) filed
•a Joint Status Report in response to the Board’s November 19,
1992 order in this matter and a motion to continue.
On November
17, 1992, Grigoeit
provided a waiver of
the
decision deadline
through April 30,
1993.
In its November 19,
1992 order, the Board directed the
parties to file status reports with the Board by
January 15,
1993.
In its response, Grigoleit states
that the Illinois
Environmental Protection Agency
(Agency) authorized Grigoleit to
file its response as a joint status report.
Grigoleit requests
the Board to continue this matter and require
the
parti.s. to file
a st~atusreport on or before February 15,
1993.
In support of
it~request, Grigoleit states that
it and the Agency continue to
engage
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 ComDany
V.
Illinois
environmental Protection Aaency PCB 91—157,
People
of the
State
of Illinois v. The Griaoleit Company and PCB 92-110, In
the
Matter of Trade Secret Claim by The Grigoleit Company.
Grigoleit adds that its written
draft
settlement
was
submitted to the Agency on December 6,
1992, and that
the Agency
provided its written response to Grigoleit’s proposal on January
6,
1993.
Grigoleit
states that it is preparing a reply to the
Agency and that the parties are continuing their settlement
negotiations to resolve all four cases currently pending before
the
Board.
We note that,
in Grigoleit’s earlier status report of
November 16,
1992,
it stated that
it
believed that the appeal
o.f
PCB 89-184 before the Fourth District Appellate Court
(No. 4-92-
0029), would also be resolved; the Board requests clarification
from Grigoleit as to whether this is still the situation.
We wish to point that the Board,
in an October 29,
1992
order,
reniinded the parties that they were obligated
via a
O(.38-0i
13.i
2
September 21,
1992 Board order, to contact the hearing officer if
they wish to hold another hearing in
this
matter.
The
Board
stated that it intended to make a final determination in this
matter by the decision deadline (at that time December 11,
1992)
if there was no second hearing and if no waiver was forthcoming.
Although the decision deadline is now April 30,
1993, the Board
again cautions the parties that the timing of settlement
negotiations or desire for another hearing must take into account
the
Board’s intent to make a timely determination in this matter.
In light of the above, the Board grants Grigoleit’s motion
to continue.
The parties are directed to tile status reports in
this matter.
In that the Board office will be closed on
February
15,
such
status
reports
are
to
be
received
by
the
Board
no
later
than
February 16,
1993.
IT IS SO
ORDERED.
I, Dorothy M.
Gunn,
Clerk
of
the Illinois Pollution Control
Board, hereby certify th
the
above order was adopted on
the
c~/~V
day of
________________,
1993, by a vote of
Dorothy N. ~nn,
Clerk
Illinois PoUution Control Board
Ol38-Q4j~