ILLINOIS POLLUTION CONTROL BOARD

April 8, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—280

ZEIGLER COAL COMPANY,

Respondent.

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

This matter has been referred to the Board by the Hearing

Officer herein under Rule 206(a) (7) of the Procedural

Rules

of

the Illinois Pollution Control Board. At issue are certain inter-

rogatories directed by Complainant to Respondent concerning the

Respondent~s economic status.

Complainant alleges the information is necessary for it to

produce sufficient information so as to allow the Board to make

a determination under Section 33(c) of the Environmental Protection

Act as interpreted by the Appellate and Supreme Courts of the State

of Illinois, Since the last criteria in Section 33(c) involves a

consideration of economical reasonableness of reducing or elimina-

ting discharges, the Board finds that the economic status of

Respondent is at issue in this case and that the Agency has the

right to request information on said status (See Environmental

Protection Agency v. Harold D. Woods, PCB 75—168, Interim Order of

the Board issued today).

With respect to the interrogatories filed by Complainant

on

January 28, 1976, with a Request for Order, the Board hereby strikes

interrogatories numbers 3, 6, 7, 8, 9, 12 and 13 as being beyond

what is necessary for the purpose intended. With respect to the re-

maining interrogatories the Board finds them to be well within the

scope of information required by the Agency to fulfill their duty

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under Section 33 of the Act and hereby orders Zeigler Coal Company

to respond to such interrogatories in such manner as shall be

determined by the Hearing Officer herein.

IT IS SO ORDERED.

Mr. Young abstained.

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

Board4 hereby certify th above Interim Order was adopted on the

__________day of

,

1976 by a vote of_____________

Christan L. Moffet~ erk

Illinois Pollution trol Board

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