ILLINOIS POLLUTION CONTROL BOARD
November 19,
1992
THE GRIGOLEIT COMPANY,
Petitioner
v.
)
PCB 92—23
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by
3.
Anderson):
On November 16,
1992,
The Grigoleit Company (Grigoleit)
filed a response to the Board’s October
29,
1992 order
in this
matter and a motion to continue.
On that same date, Roy M.
Harsch filed his appearance on behalf of Grigoleit.
On November
16,
1992,
the Illinois Environmental Protection Agency
(Agency)
filed a status report in this matter.
On November
17, 1992,
Grigoleit provided a waiver of the decision deadline through
April 30,
1993.
In its October 29,
1992 order, the Board directed the
parties to file status reports with the Board by November 16,
1992.
In addition, the Board reminded the parties that they were
obligated,
via a September 21,
1992 Board order, to contact the
hearing officer
if they wish to hold another hearing in this
matter.
Finally, the Board stated that it intended to make a
final determination in this matter by the decision deadline
(i.e.,
December 11,
1992)
if there was no second hearing and if
no waiver was forthcoming.
In its response, Grigoleit requests the Board to continue
this matter and require the parties to file a status report on or
before January 15,
1993.
In support of its 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 ColnDany v.
Illinois Environmental
Protection AQency PCB 91-157, People of the State of Illinois v.
The Grigoleit Company and PCB 92-110, In the Matter of Trade
Secret Claim by The Grjgoleit Cpm~anv. Grigoleit adds that an
initial draft settlement from the Attorney General has given rise
to the identification of conflicts between Grigoleit and certain
other clients represented by Grigoleit’s attorneys.
As a result,
Grigoleit found it necessary to retain new counsel to assist in
the negotiations.
Grigoleit adds that it anticipates being
in a
position to respond in writing to the initial draft settlement as
soon as its new counsel has become familiarized with all of the
cases.
Finally, Grigoleit states that it believes that an
U! 37-0
63
2
economic settlement is possible and that the four cases currently
pending before the Board, as well the appeal of PCB 89—184 before
the Fourth District Appellate Court
(No. 4-92-0029), will be
resolved.
In its status report, the Agency states that settlement
negotiations continue and that it will contact the Board,
pursuant to agreement with Grigoleit,
if the scheduling of a
second hearing becomes necessary.
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 January 15,
1993.
IT IS SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution control
Board, hereby certify that the above order was adopted on the
___________
day of
2~i~-?~t
,
1992,
by a vote of
L
/
/
~
Dorothy M./Gunn,
Clerk
Illinois pollution Control Board
0137-016’4