ILLINOIS POLLUTION CONTROL BOARD

February 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 February 16, 1993, The Grigoleit Company (Grigoleit)

filed a joint status report in response to the Board’s January

21, 1993 order and a motion to continue. In its January 21, 1993

order, the Board directed the parties to file status reports with

the Board by February 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 March 16, 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 Griaoleit ComDanv y. Illinois Environmental

Protection Aaency 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 it submitted a written draft settlement

proposal to the State on December 6, 1992. On January 6, 1993,

the State provided its written response to the proposal. On

January 6, 1993, Grigoleit and the State met to discuss the

State’s response. On February 2, 1993, Grigoleit submitted a

written answer to the State’s written response. The State has

informed Grigoleit that it will provide its written reply on or

before February 19, 1993. Grigoleit and the State have

tentatively agreed to meet on February 25, 1993, to conduct

negotiations. Finally, Grigoleit asserts that the Agency has no

objection and has authorized Grigoleit to file the status report

as a joint response and motion.

We again point out that the Board, in its October 29, 1992

and January 21, 1993 orders, 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. The Board stated that it intended to make a final

determination in this matter by the decision deadline (i.e., at

0139-01499

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2

that time, December 11, 1992) if there was no second hearing and

if no waiver was forthcoming. Although the decision deadline is

now June 30, 1993, the Board again cautions the parties that the

timing of settlement negotiations or the 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 filings and Grigoleit’s waiver of the

decision deadline, the Board grants Grigoleit’s motion to

continue. The parties are directed to file status reports in

this matter. Such status reports are to be received by the Board

no later than March 16, 1993.

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

_________________,

1993, by a vote of

~

Dorothy M.M~nn, Clerk

Illinois P~orlutionControl Board

0139-0500