ILLINOIS POLLUTION CONTROL BOARD
    October 29,
    1992
    THE GRIGOLEIT COMPANY,
    Petitioner
    )
    v.
    )
    PCB 92—23
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3. 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’s secretary 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 been
    vacated, when “no problem” apparently meant that the telefax had
    been received.
    In light of the above circumstances, the Board directed the
    0
    37-OO~43
    2
    parties, via a September 21,
    1992 Board order,
    to contact the
    hearing officer regarding rescheduling this matter for hearing.
    Because this matter currently has a December
    ii,
    1992 decision
    deadline,
    the Board stated that any rescheduling of the hearing
    would be subject to Grigoleit’s providing an appropriate waiver
    of decision deadline.
    As of the date of this order, neither party has contacted
    the hearing officer to reschedule the hearing, nor has Grigoleit
    filed a waiver of the December 11,
    1992 decision deadline.
    Moreover, neither party has apprised the Board of the status of
    the settlement negotiations.
    In PCB 91-157,
    People of the State
    of Illinois v. The Grigoleit Company.
    Inc., however, Grigoleit
    filed an amended motion on August 28,
    1992, requesting the
    hearing officer to continue the September 24 and 25,
    1992 hearing
    in the case.
    In support of its motion, Grigoleit stated:
    a)n
    effort is being made to settle this case as well
    as others between the People of the State of Illinois
    and Grigoleit...currently pending before the...Board
    (90-135,
    92—110 and 92—23)
    and the Fourth District
    Appellate Court for the State of Illinois
    (4—92-0029).
    On September 11,
    1992,
    the hearing officer issued an order
    granting Grigoleit’s motion and continuing hearing to January 21
    and 22,
    1993.
    In light of the forgoing, the Board orders both Grigoleit
    and the Agency to provide a status report to the Board.
    The
    status reports are to be received by the Board no later than
    November 16,
    1992.
    In addition, the Board reminds the parties
    that they are obligated,
    via the Board’s September 21,
    1992
    order, to contact the hearing officer if they wish to hold
    another hearing in this matter.
    If there
    is no second hearing
    and
    if no waiver is forthcoming, the Board intends to make a
    final determination in this matter by the December 11,
    1992
    decision deadline.
    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
    ________________,
    1992 by a vote of
    ~37_DOL~
    C?
    •lution Control Board

    Back to top