ILLINOIS POLLUTION CONTROL BOARD

June 26, 1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 75—144

HARRIS

HUB COMPANY, INC.,

Respondent.

ORDER OF THE BOARD QUASHING SUBPOENA (by Mr. Henss)

The Environmental Protection Agency filed a Complaint

against Harris Hub Company, Inc,, a manufacturer of steel

furniture alleging that the company had operated its paint

booth and associated equipment without an operating permit.

Respondent apparently

conceded that it had in fact operated

without

the permit.

Prior to hearing the Agency requested the Hearing

Officer

to issue a Subpoena for Deposition directed to

Thomas Reid,

Director

of Public

Affairs of the Illinois

Manufacturers’ Association. The subpoena commanded Thomas

Reid

to bring the following:

1. A list of all members of the Illinois

Manufacturers’ Association for the years 1970 through

1975.

2. Copies of the weekly publication “Executive

Memo” sent to members during the years 1971 through

1975.

3. Copies of every bulletin or publication other

than the weekly publication “Executive Memo” sent to

members since January 1, 1971 dealing with pollution

control and regulations ~r any other environmental

matters.

4. Names of members or representatives of member

firms attending every conference sponsored by, or in any

other way promoted by, Illinois Manufacturers’ Association

dealing with pollution control and regulations or any other

environmental matters.

17—425

---

—2—

The Subpoena was issued by the Hearing Officer and sub-

sequently the Illinois Manufacturers~ Association filed

“Motion to Quash Subpoena”.

The Illinois Manufactuers’ Association stated that the

Subpoena called for material which was irrelevant to the

offenses charged i~n the Complaint; is unreasonable and oppressive;

that the application to the Hearing Officer for the issuance of

the Subpoena is insufficient in that no facts whatsoever were

alleged in support of said application; that to require pro-

duction of the materials called for in the Subpoena would violate

constitutional rights to due process and to freely assemble and

petition government; and that Procedural Rule 315 authorizing

Hearing Officers to issue subpoenas is beyond the statutory powers

granted to the Pollution Control Board.

We find that the Subpoena is over broad and should be

quashed. It is unreasonable and oppressive. There are almost

no issues in this proceeding against Harris Hub Company. The

overwhelming bulk of the material sought from the Illinois

Manufacturers! Association would obviously be irrelevant in

this case. There is a possibility that a small amount of

material might be gleaned from this massive array of documents

which could have a minor bearing upon the size of the penalty

which might be imposed for a violation. Even that seems

speculative.

It is ordered that the Motion of Illinois Manufacturers!

Association be allowed, The Subpoena is quashed.

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

Board, hereby certify the above Order was adopted the

~

day of~!~, 1975 by a vote of

~

.

1)

C/L t~.

•-~/~i)~

Christan L. Mof~étt, Clerk

Illinois Pollutiod Control Board