~)ltJTJ:ON
    CONTROL
    BOARD
    May
    3,
    1984
    OUTBOARD
    ~1ARINE
    Petitioner,
    v.
    )
    PCB 84—26
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY, and
    AMERICAN TOXIC DISPOSAL, INC.,
    )
    Respondents.
    INTERIM ORDER OF THE BOARD
    (by 3.
    Anderson):
    On
    April
    23,
    1984,
    Respondent the Illinois Environmental
    Protection Agency (Agency)
    filed an Application for
    Non—Disclosure
    pursuant to Sec.
    101.107(c) of the Board’s
    Procedural
    Rules0
    On
    May
    2,
    1984, Respondent, American Toxic
    Disposal,
    Inc.,
    (ATD)
    filed a
    Motion for Extension of
    Time until
    June
    1,
    1984
    to
    file its 1~nswerto
    the Petitioner’s Amended
    Petition, rather
    than
    twenty-one
    days
    from the Board’s April
    5,
    1984 order.
    The Agency’s
    P~pplication
    for Non—Disclosure
    is dismissed as
    being
    filed
    under
    an
    inapplicable
    rule,
    PCB 84—26,
    as well as
    Petitioner’s
    original
    rscuest
    to
    the
    Agency,
    was
    filed
    pursuant
    to
    the
    Boarcits
    recently
    adonted
    Procudures
    for
    Identifying
    and
    Protecting
    Trade
    Secrets..
    35
    111.
    Admin.
    Code
    Part
    120.
    These
    are
    the
    exclusive
    procedures applicable
    in this case.
    Under
    these
    erocedures,
    an
    Application
    for
    Non—Disclosure
    of
    a trade secret.
    transmitted
    as
    a
    part
    of
    the
    record
    from
    the
    Agency
    is
    not
    necessary,
    (See
    Sections
    120.315
    and
    120.320.)
    the Board stated
    in :~tsOrder of April
    5,
    1984:
    ‘~The
    trade
    secret
    article
    in question will
    be handled by the
    Board
    pursuant
    to
    the
    applicable
    Part 120 prccedures,’~
    (p.
    2.)
    (Emphasis added,)
    As
    stated
    in
    that Order,
    a
    Motion
    for Non—Disclosure is necessary
    if the party wants any additiona:1 materials,
    i.e.
    the pleadings,
    transcripts
    and
    exhibits
    involved
    in
    the
    appeal,
    to
    be
    kept
    secure from public access0
    ATD’s
    motion
    for
    extension
    of
    time until June
    1,
    1984 is
    granted.
    58-45
    IT
    IS
    SO
    ORDERED.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution
    Control
    B9ard,
    hereby certify that the above Order was adopted
    on
    the~~
    day of~~
    ,
    1984
    by
    a
    vote
    o
    ____
    0
    f/
    cr~
    Christan L. Moffèt~TClerk
    Illinois Pollution Control Board
    58-46

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