ILLINOIS POLLUTION CONTROL BOARD

September

13,

1973

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

vs.

)

PCI3

72—309

TRILLA COOPE~GE, INC.,

Respondent.

ORDER OF

THE BOARD

(by

Mr.

Seaman)

On September

6,

1973,

the Agency, Complainant in the captioned

cause,

filed

a motion requesting an Order by the Pollution Control

Board to require, Respondent to produce documents,

We

have before

us, also, Respondent’s request for a hearing on the issue.

The Hearing Officer in this cause ordered Respondent

to produce

balance sheets and income statements for the years 1970,

1971 and

1972.

Respondent did produce income statements on the date specified

but refused to produce balance sheets.

Complainant argues

“that the information contained in

the

subject ba~.ancesheets is relevant and necessary to provide this

Board

with a record sufficient

to decide the issue of the economic

reasonableness of reducing or eliminating emissions from the

Respondent.”

The

mere allegation that the documents in question are “relevant

and nenessary”

is not sufficient

to move this Board to grant

Co~ap’.alnant’smotion.

A more specific reason is required.

Further,

“the economic reasonableness of reducing or eliminating emissions”

is an issue the Board reaches only upon finding violation.

Respondents often introduce financial statements in mitigation;

however,

this Board will not compel a Respondent

to produce such

documents where the sole purpose of such evidence is to show the

Respondent’s capacity to pay.

Before the Board will grant a motion

to produce financial documents,

it must be informed more specifically

what the evidence is intended to prove.

Complainant’s motion is hereby dismissed without prejudice.

IT IS SO ORDERED.

Mr. Odell

abstains.

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243

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I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the above Order was adopted

________

day of’.~~44..~41973 by a vote of

3

9

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244