:LLIN0Is POLLUTION CONTROL BOARD

September 18,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—112

THE METROPOLITAN SANITARY DISTRICT

OF GREATER CHICAGO,

)

Respondent.

ORDER OF THE BOARD

by Mr.

Durnelle):

The Hearing Cfficer pursuant to Rule 308(g)

of the Procedural

Rules, referred Respondent’s Motion objecting to the withholding

of documents from discovery by Complainant.

After review of the

documents filed by Respondent

in support of its Motion and

Complainant

in

Opposition to the Motion,

the Board finds that

a limited attorney-client privilege exists between Agency

attorneys and the Agency where the Attorney General has

authorized such Agency attorneys to represent the Agency before

the Board.

Therefore,

we direct that Respondent deliver to the

Hearing Officer those documents characterized as Subject to the

attorney-client privilege or the work product exemption.

Therefore,

the Agency is directed to deliver those documents

in question to

the Hearing Officer.

The Hearing Officer shall then rule upon

the application of the privilege.

IT IS SO ORDERED.

I., Christan

L. M~ffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Order was adopted on the

/,Y”~’

day

of September,

1975 by a vote of

~

d~hristanL. Moft~t,~’/JClerk

Illinois Pollutiok’(~’outrolBoard

18—