ILLINOIS POLLUTION CONTROL BOARD
    February 23, 1989
    INDIAN REFINING COMPANY
    AND
    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, 1939, 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 statement was filed on February 3, 1989.
    The Board observes with some concern that although the
    Agency has responded on this issue, Petitioner has not responded
    as of the Board’s meeting of this date, February 23, 1989. The
    Board has, per its Order of January 19, accorded the subject
    documents protection as trade secrets to date, although that
    Order indicated that such protection was assured only to its
    February 2, 1989 meeting.
    The Board does not take lightly either the necessity for
    properly protecting confidential information or the necessity for
    insisting upon timely compliance with its Orders. The Board
    therefore today orders Petitioner to provide the Board within 10
    days hereof such information as is ordered by the Board’s Order
    of January 19, 1989. Should Petitioner fail to so respond, the
    Board will, in making its determination, consider imposing
    appropriate sanctions upon Petitioner pursuant to 35 Ill. Adm.
    Code Part 107, including dismissal of this cause of action.
    9 6—23 5
    —2—
    In the interim the Board will continue to accord Exhibit ~3
    trade secret protection.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, heçeby certify that the above Order was adopted on
    the
    ,25’~
    day of
    ______________,
    1989, by a vote of 7 ~
    Illino
    Ut
    Control Board
    96—236

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