ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1989
    INDIAN REFINING COMPANY AND
    )
    OPA REFINING AND MARKETING,
    INC.,
    )
    (FORMERLY TEXACO REFINING AND
    )
    MARKETING,
    INC.),
    Petitioner,
    v.
    )
    PCB 88—178
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On January 19,
    1989,
    the Board issued an Order
    in this
    proceeding
    in which
    the parties were directed
    to advise
    it by
    January
    30,
    1989,
    of the status of one of several volumes
    of the
    Agency record
    in this permit denial appeal,
    entitled “Exhibit
    J:
    Confidential Documents”.
    Specifically,
    the Board noted
    its
    inability
    to determine whether
    this volume contains documents
    which were either claimed
    to be trade secrets pursuant
    to
    35
    Ill.
    Adm. Code Part 120,
    or claimed
    to be “confidential”
    on some other
    basis.
    The Agency’s responsive statement was filed on February
    3,
    1989.
    The Agency does not request that Exhibit J be excluded
    from the Board’s public inspection
    files.
    Noting that the Petitioner had not filed
    a responsive
    statement,
    the Board
    on February 23,
    1989,
    issued
    a second Order,
    requiring Petitioner
    to respond within
    10 days (March
    6,
    1989).
    On March
    6,
    1989,
    the firm of Feldman and Wasser
    filed
    its
    Entry of Appearance
    in this proceeding
    together with
    a Motion
    to
    Substitute Parties, which motion was granted
    by the Board on
    March
    9,
    1989.
    No mention was made by OPA or by Feldman
    and
    Wasser of
    the Board’s
    information request
    in this matter.
    However,
    in consideration of the substitution of parties and
    counsel,
    and
    in view of Petitioners’
    waiver of decision date
    to
    December
    1,
    1989,
    the Board
    again extended the time for the
    Petitioners
    to provide
    the Board
    the requested information,
    to
    March
    20,
    1989.
    In spite
    of the foregoing
    repeated requests from this Board,
    and despite having been contacted personally by a Board assistant
    on this matter,
    there has been no formal response from OPA’s
    98—41
    —2—
    legal counsel
    on this issue.
    Therefore, unless
    a formal
    response
    is received from OPA by Monday, April
    17,
    1989, this docket will
    be dismissed, and the Clerk will be directed to make appropriate
    arrangements
    for returning Exhibit J materials
    to Petitioner.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certif
    that~the above Order was adopted
    on
    the
    ~Z~day
    of
    ______________,
    1989,
    by
    a vote of
    7~
    1111
    S
    Pol
    Control
    Board
    98—42

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