ILLINOIS POLLUTION CONTROL BOARD
    June 17,
    1993
    THE GRIGOLEIT COMPANY,
    )
    Petitioner,
    V.
    )
    PCB 92—23
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On June 4,
    1993, The Grigoleit Company
    (Grigoleit) filed a
    status report,
    a motion to continue, and an open waiver of the
    statutory decision deadline in this case.
    On that same date, the
    Illinois Environmental Protection Agency
    (Agency) filed a status
    report.
    Both filings come in response to the Board’s May 5,
    1993
    order directing the parties to file status reports with the Board
    by June 4,
    1993.
    In
    its motion, Grigoleit requests the Board to stay this
    proceeding,
    including the pending motion for sanctions,
    until
    such time as
    a mandate for the Fourth District Appellate Court in
    4—92—0029
    (i.e.,
    the appeal of PCB 89—184)
    issues.
    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 Grigoleit Company v.
    Illinois
    Environmental Protection Agency
    PCB 91-157, People of the State
    of Illinois
    V.
    The GricToleit Company
    and PCB 92-110, The
    Grigoleit Company
    v. Illinois Environmental Protection Agency.
    Grigoleit adds that,
    on May 19,
    1993, the Agency notified
    Grigoleit that it was postponing settlement negotiations with
    respect to this matter pending a decision to seek appeal of the
    Fourth District Appellate Court decision in 4—92-0029.
    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.
    Grigoleit notified the State in
    writing of its conclusion.
    The Agency,
    in its report, requests the Board to continue
    this matter.
    In support of such request, the Agency states that
    the parties have been engaged in settlement negotiations.
    The
    Agency asserts that it is evaluating the relationship of the
    U
    i~3-O
    173
    2
    ongoing negotiations
    in this case and the pending petition for
    leave to appeal the appellate court’s decision, which
    is
    currently before the Illinois Supreme Court.1
    During the
    evaluation,
    the Agency states that it has temporarily postponed
    the settlement negotiations pertaining to this case although
    other related negotiations are continuing.
    In light of the above,
    the Board hereby grants the parties’
    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 August
    3,
    1993.
    The Board notes,
    however, that this
    is the parties’
    sixth motion to continue this
    matter.
    We caution the parties that we will not continue this
    matter indefinitely and that we expect the parties to
    expeditiously pursue
    a resolution of this case.
    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
    /qtZ
    day of
    _________________,
    1993,
    by a vote of
    ~
    ~.
    Dorothy M. ~4?n, Clerk
    Illinois Pc~J.1tionControl Board
    ‘On
    May
    20,
    1993,
    the
    Attorney
    General’s office
    filed
    an
    affidavit
    of
    intent
    to
    seek
    review
    of
    the
    appellate
    court’s
    decision.
    On June 10,
    1993, the Attorney General’s office filed a
    petition for leave to appeal with the Illinois Supreme Court.
    O~L~3-O17Li.

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