ILLINOIS POLLUTION CONTROL BOARD
    June
    17,
    1993
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    PCB 91—157
    V.
    )
    (Enforcement)
    THE GRIGOLEIT COMPANY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On June
    4,
    1993,
    The Grigoleit Company
    (Grigoleit)
    filed a
    status report and a motion for a prehearing conference.
    On that
    same date,
    the People of the State of Illinois
    (People)
    filed a
    status report and a motion to continue.
    Both filings come in
    response to the Board’s May 20,
    1993 order directing the parties
    to file status reports with the Board by June 4,
    1993.
    In its status report, Grigoleit states that it and the
    People 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 Gricioleit ComPanY
    v. Illinois Environmental Protection Agency PCB 92—23, The
    Griggleit Company v.
    Illinois Environmental Protection Aciencv
    and PCB 92-110,
    In the Matter of Trade Secret Claim by The
    Grigoleit Company.
    Grigoleit adds that,
    on May 19,
    1993,
    the Illinois
    Environmental Protection Agency (Agency)
    notified Grigoleit 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.
    Grigoleit notified
    the State
    in writing of its conclusion.
    On June
    3,
    1993, the Attorney General’s office notified
    Grigoleit that it had not been instructed to terminate settlement
    discussions in this matter and that it would like to pursue
    resolving outstanding issues.
    On June 4,
    1993, Grigoleit
    received a partial response to some information regarding this
    matter
    it had previously provided to the People.
    The People also
    informed Grigoleit that additional responses from the Agency will
    not be forthcoming until at least June 24,
    1993,
    as the Agency
    o~
    143-U 169
    2
    has not yet completed its technical review of all of the
    information submitted by Grigoleit.
    Grigoleit adds that it has not had the opportunity to
    determine what,
    if any responses are appropriate to the latest
    letters as they were only received immediately prior to the date
    that its status report was due.
    The People,
    in their report, request the Board to continue
    this matter, until July
    16,
    1993,
    to allow
    for further settlement
    negotiations.
    In support of such request, the People state that
    the parties met on April 29,
    1993.
    The People are finalizing
    their review of the materials provided by Grigoleit at that
    meeting.
    The People add that correspondence between the Agency
    and Grigoleit regarding the Fourth District Appellate Court’s
    decision
    in 4—92—0029
    (i.e., the appeal of PCB 89—184)
    left
    Grigoleit with the impression that settlement discussions in all
    of the pending cases were being stayed pending internal review of
    the appellate court decision. The People have attempted to
    correct that impression by phone and letter.
    The People add that
    they believe that continued settlement discussions provide the
    best means for resolution of the pending cases.
    The Board notes that this is the sixth motion to continue
    this matter for the purpose of settlement negotiations.
    In the
    interests of administrative economy,
    however, the Board accepts
    the status reports and grants the People’s request to continue.
    The Board cautions the parties, however, 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 M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, heeby certify t
    the above order was adopted on the
    /
    day of
    __________________,
    1993,
    by a vote of
    Dorothy M. ~
    Clerk
    Illinois Polt~tionControl Board
    UI
    ~3~O
    170

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