ILLINOIS POLLUTION CONTROL

BOARD

April 8, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—168

HAROLD D. WOODS d/b/a

ST. ELLEN LAND COMPANY,

Respondent.

INTERIM ORDER OF THE BOARD (by Mr. Goodman):

This matter comes before the Board upon an Interlocutory Appeal

by Complainant, wherein he contends that interrogatories propounded

and documents requested by him were erroneously denied by the Hear-

ing Officer in this case. Both parties have now filed briefs be-

fore the Board on the issue.

Upon review of the arguments presented by the parties in their

Briefs, the Board finds that Complainant’s contention is meritorious.

Economic information is necessary to allow fair opportunity to pre-

pare for the hearing with respect to Section 33(c) of the Environ-

mental Protection Act as interpreted by the Appellate and Supreme

Courts of the State of Illinois. Section 33(c) of the Environmental

Protection Act states in pertinent part:

the Board shall take into consideration all

the facts and circumstances bearing upon the

reasonableness of the emissions, discharges

or deposits involved including but not limited

to:

.

.4 the.. .econoxnic reasonableness of

reducing or eliminating the emissions, dis-

charges or deposits resulting from such pollu-

tion source..

21—21

---

—2—

Rule 313(c) of the Board’s Procedural Rules indicates

that a

party may be required to submit documents which are relevant

to

the

subject matter of the pending case or which may lead to the discovery

of such relevant information. Upon full consideration of the facts

surrounding this issue the Board finds that the Agency rightfully re-

quested information concerning the economic status of the Respondent

and that the Hearing Officer erred in his total denial of such infor-

mat ion.

However, the Board finds that the Agency’s request for infor-

mation in their Interrogatories 2 through 9 and request for documents

2, 3, and 4 went beyond what was necessary for the purpose intended.

The Board shall therefore sustain the Hearing Officer with regard to

his decision concerning Interrogatories 2 through 9 but will order

Respondent to produce the documents requested by the Complainant in

their Request for Documents dated November 5, 1975.

With respect to the status of this case, upon the resignation of

the Hearing Officer herein, the Board hereby directs that a new Hear-

ing Officer be assigned and orders the next hearing herein to be

set within 45 days and held within 65 days of the date of this

Order.

IT IS SO ORDERED.

Mr. Young abstained.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Interim Order was ado ted on the

__________day of

~

,

1976 by a vote of_____________

Christan L. Moffet

,

lerk

Illinois Pollution ntrol Board