ILLINOIS

POLLUTION

CONTROL

BOARD

July

19,

1984

U.S.

INDUSTRIAL

CHEMICALS

CO.,

)

)

Petitioner,

)

)

PCB 84—44

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF

THE

BOARD

(by J.

D. ~umelle):

This matter comes before the Board upon a June

22,

1984,

motion for interlocutory appeal and stay filed on behalf of

U.S.

industrial Chemicals Co.

(USI)

to which the Illinois

Environmental Protection Agency responded on June 27,

1984.

The

motion for interlocutory appeal

is hereby granted and the motion

for stay is hereby denied as moot since the requested stay has

been granted by the hearing officer.

With regard to the

substance of the appeal, the ruling of the hearing officer

is

hereby affirmed.

That motion centers on a dispute as to the

proper scope

of discovery in this permit appeal proceeding~~

Since the denial letter alleges that USI has failed to present a

sufficient demonstration that there is no reasonable basis for a

groundwater monitoring program,

a request for documents which may

have

been

relied upon

in

preparation of that demonstration is

clearly relevant even if it is not reasonably calculated to lead

to

admissable evidence,

Therefore,

it is discoverable pursuant

to 35

III. Adm, Code 103.161(a).

IT IS SO ORDERED.

I,

Dorothy M,

Gunn, Clerk of the Illinois Pollution

Control

Board

hereby

certify that the above Order was adopted on the

_~f~__day

of _________________________, 1984

by

a

vote

i,,,

~

Th~h~.~TCleri~

Illinois Pollution Control Board

59.55