ILLINOIS POLLUTION CONTROL BOARD
    April 25, 1991
    MONSANTO COMPANY,
    )
    Petitioner,
    v.
    )
    PCB 91—57
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On April 16, 1991, the Illinois Environmental Protection
    Agency (“Agency”) filed the Administrative Record of this Permit
    Appeal. The record states that Exhibits #1, #2, and #13 contain
    trade secret material. The Board continues to maintain these
    materials in the Clerk’s confidential files.
    The Board notes that the Agency record filing does not
    comport with Board regulations. Board procedural rules at 35
    Ill. Adm. Code 120.315 provide:
    Section 120.315
    Transmission of Article
    Between Agencies
    Prior to transmitting any article which is
    claimed or determined to represent a trade
    secret to another agency, the agency shall
    insure that the article is properly marked
    pursuant to Sections 120.305 and 120.310 and
    is clearly distinguished and segregated from
    other transmitted materials.
    The documents in the exhibits were not segregated. The Agency
    did not file nine copies of Exhibits #1, #2, and #13 with the
    trade secret material deleted. Additionally, the procedural
    rules, at 35 Ill. Adin. Code 120.325, provide for public
    inspection of certain material pertaining to trade secret
    determinations:
    Section 120.325 Public Access to
    Information Related to
    Article
    a) A copy of the claim letter submitted
    pursuant to Section 120.201(a) (1)
    shall be open to public inspection
    121—657
    2
    b) Where an article was determined to
    represent a trade secret prior to
    the effective date of this Part and
    no claim letter exists, the agency
    shall prepare a statement which
    shall be open to public inspection
    which names and briefly describes
    the article.
    c) Where a page, part or portion of an
    article is claimed or determined to
    represent a trade secret, a copy of
    the article shall be open to public
    inspection, with the part or portion
    deleted which is claimed or
    determined to represent a trade
    secret or which would lead to
    disclosure of the trade secret.
    The Board requests comment by the parties, not later than May 16,
    1991, on whether
    the
    Board needs additional information (such as
    the claim letters :and/or expurgated versions of the documents) in
    order to satisfy the confidentiality requirements during this
    appeal, consistent with the above public access requirements.
    The Board will maintain all of these Exhibits confidential until
    further Board Order.
    The Board notes that on April 17, 1991, the Agency filed a
    motion to dismiss~ and on April 25, 1991, Monsanto filed a letter
    stating its intention to reply to the motion by the deadline for
    reply. The Board does not rule on the dismissal motion today.
    IT IS SO ORDERED.
    3. Theodore Meyer abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert~y that the above Order was adopted on the
    5cZ~day of
    _______________,
    1991, by a vote of ~
    —
    ~6~LL~~1
    .~
    ~
    Dorothy M. ,~unn, Clerk
    Illinois P&llution Control Board
    121—658

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