ILLINOIS POLLUTION CONTROL BOARD
    December
    14,
    1978
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—258
    K.L. OIL CO., d/b/a K&L AUTO WASH,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On December
    1,
    1978,
    the Environmental Protection Agency filed
    a Motion
    for
    Sanctions against Respondent,
    K.L.
    Oil Co.,
    for failure
    to comply with discovery orders
    in this matter.
    Respondent filed
    a Response to Interrogatories and a Response to Motion for Sanctions
    on December
    8, and the Environmental Protection Agency filed a Reply
    to the Response on December 12.
    In its Reply,
    the Agency points out
    that Respondent failed to supply financial data sought
    in the Inter-
    rogatories.
    The Board finds
    that Respondent has failed to comply with a
    discovery order.
    In accordance with Procedural Rule
    701, we order
    that Respondent be debarred from maintaining any claim or defense on:
    1)
    the economic reasonableness of reducing or eliminating
    the emissions from the complained of noise source;
    and
    2)
    the ability of Respondent to pay any penalty which may
    be imposed by the Board in this matter.
    IT IS SO ORDERED.
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby
    ertif
    the above Order was adopted on
    the
    J414~
    day of
    _________________,
    1978 by
    a vote of
    ~_
    c~
    Illinois Polluti
    Control Board
    32—28 1

    Back to top