ILLINOIS POLLUTION CONTROL BOARD
    ~ugust 4, 1988
    SIMKINS INDUSTRIES, INC.,
    Petitioner,
    v.
    )
    PCB 88—121
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    The Board has redocketed this proceeding to allow full
    exploration of the matters raised in Sirnkins’ motion for
    reconsideration in PCB 87—181. However, the documents presently
    on file do not meet the format and procedural requirements for a
    new variance petition. Simkins is directed to file an amended
    petition for variance which meets the requirements of 35 Ill.
    Adm. Code 104. Unless an amended petition is filed within 45
    days of the date of this Order, this matter will be subject to
    dismissal.
    The Board received Simkins document with certain information
    blacked out of the public files with a stamp of trade secret.
    The Clerk’s office recieved a full and complete copy and that
    material remains under lock and key, protected from public
    disclosure. In asserting confidentiality, Simkins claims that
    the material represents a portion of a business plan which is
    secret and that the economic information has competitive value.
    The Board directs the parties to Allaert Rendering Company
    v. Illinois Pollution Control Board, 414 NE.2d 497 (3rd Dist.
    1980) and Slager v. Illinois Pollution Control Board
    ,
    421 N. E.
    2d 929 (First District, 1981). The Board orders that not later
    than August 30, 1988, the Parties brief whether any of the
    material claimed as confidential in this proceeding is income and
    earnings data that is “in issue” within the language of the First
    District Opinion, and whether such information may be maintained
    as confidential.
    IT IS SO ORDERED
    91—177
    —2—
    I, Dorothy NI. Gunri, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the L~ day of ________________________, 1988, by a vote
    Dorothy M.~inn, Clerk
    Illinois Pdllution Control Board
    91—178

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