ILLINOIS POLLUTION CONTROL BOARD
June 10, 1981
ILLINOIS
ENVIRONMENTAL
PROTECTION
)
AGENCY,
Complainant,
)
v.
)
PCB 78—293
RALSTON-PURINA COMPANY,
a Missouri
corporation,
Respondent.
ORDER OF THE BOARD
(by D.
Satchell):
On May 14,
1981 Ralston-Purina Company filed objections
to the Hearing Officer’s ruling sustaining the Illinois En-
vironmental Protection Agency’s
(Agency)
objections
to Ralston-
Purina’s discovery request in this enforcement action.
Ob-
jections to interrogatories
7 and 8 were sustained.
These
requested infcrmation concerning evidence in the Agency’s
possession that emission reduction is practical.
The Hearing
Officer sustained the objection because the burden to come
forward with proposed solutions does not fall upon the Agency
unless and until the Respondent establishes and proves a “state
of the art” defense
(IEPA v. Wells Manufacturing Co.,
73 Ill.
2d 226).
However, Procedural Rule 313(a)
provides that it is
not a ground for objection to discovery that the information
will be inadmissible if it appears reasonably calculated to lead
to the discovery of admissible evidence.
Information in the
Agency’s possession concerning methods of achieving emission
reductions could lead to the discovery of admissible evidence
relevant either to the state of the art defense or to the
Agency’s burden if such defense is established.
The motion is
granted; the Hearing Officer is overruled.
IT IS SO ORDERED.
Mr.
Dumelle
dissents.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted
on the
(c~”
day of
__________,
1981 by a vote of
~3~/
Christan L. Mof~j~J,Clerk
Illinois Pollution Control Board
42—5