ILLINOIS POLLUTION CONTROL BOARD
June
17,
1993
THE GRIGOLEIT COMPANY,
an
Illinois Corporation,
Petitioner,
PCB 90—135
v.
)
(Trade Secret)
(also see PCB 92—110)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On June
4,
1993, The Grigoleit Company
(Grigoleit)
filed a
status report
in response to the Board’s May 5,
1993 order
in
this matter and a motion to continue.
In its Nay 5,
1993 order,
the Board directed the parties to file status reports with the
Board by June 4,
1993.
In its motion, Grigoleit requests the Board to continue this
matter and require the parties to file a status report on or
before July 16,
1993.
Grigoleit asserts that such extension will
provide it with additional time to determine what course of
action it intends to follow in this matter.
In support of its request, Grigoleit states that it has
participated in a series of settlement negotiations with the
State which would,
if successful, culminate in the settlement of
this case as well as the following three cases:
PCB 91-157,
People of the State of Illinois
v. The Grigoleit Company PCB 92-
23, The Grigoleit Company
v.
Illinois Environmental Protection
AgencY and PCB 92-110,
In the Matter of Trade Secret Claim by
The Grigoleit Company.
Grigoleit adds that the Illinois Environmental Protection
Agency
(Agency)
notified Grigoleit on May
19,
1993,
that it was
postponing settlement negotiations with respect to PCB 92—23,
pending a decision to seek appeal of the Fourth District
Appellate Court decision in 4-92-0029
(i.e., the appeal of PCB
89-184).
The telephone notification was followed by a letter of
the same date in which the Agency postponed settlement
negotiations in the above—mentioned cases.
Grigoleit notes that
the Agency’s decision to postpone settlement discussions was made
without prior consultation with Grigoleit and,
in Grigoleit’s
opinion, had the effect of unilaterally terminating settlement
discussions in all matters before the Board.
In light of the above, the Board grants the motion~to
continue.
Accordingly, the Board will reserve ruling on
U
L.
-‘
2
Grigoleit’s September
3,
1992 motion for reconsideration that is
currently pending
in this case.
The Board notes that this is the
sixth motion to continue this matter.
Accordingly, the Board
cautions Grigoleit that it will not continue this matter
indefinitely and that it expects the parties to expeditiously
pursue
a resolution of this case.
The parties are directed to
file status reports in this matter.
Such status reports are to
be received by the Board no later than July 16,
1993.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify th
the above order was adopted on the
____________
day of
_________________,
1993,
by
a vote of
7
~
~L
Dorothy M. fl/inn,
Clerk
Illinois P(bjlution Control Board
U
L
I
514