ILLINOIS POLLUTION CONTROL BOARD

September

6,

1979

AMAX COAL COMPANY, Division of

AMAX,

Inc.,

Petitioner,

v.

)

PCB 79—92,

—93, —94,

—97

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by Mr. Young):

Petitioner has requested Board review of the Hearing Officer’s

Order of July

31, 1979,

which denied a Motion to Compel Discovery.

As

a basis for the Motion,

Petitioner suggests:

“.

.

.

ANAX

finds itself faced with a denial of its discovery request based

entirely upon two past Pollution Control Board cases neither of

which were provided

to AMAX for its inspection nor are readily

available in the public libraries.

In short,

AMAX

finds itself

in the unenviable position of being bound by a body of private

law that is not readily available for

AMAX’s

perusal and which

has not been provided by counsel for IEPA despite a request

that this be done.”

The Board finds the position of the Petitioner unusual,

to

say the least.

Rule 107 of the Board’s Procedural Rules provides

that copies of Opinicns and Orders of

the Board are available

upon request.

Additionally, the Board maintains files containing

all information submitted to or

produced by the Board or any of

its members relating to matters within the Board’s jurisdiction

and all such files are open to reasonable public inspection and

copying.

The Respondent,

through a response filed August

28, 1979,

has agreed to provide copies of Board decisions

to the Petitioner.

However, the Board finds

no reason to delay a ruling on the Motion

to reverse the Hearing Officer’s Order of July 31,

1979; Petitioner’s

Motion is hereby denied.

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control B ard,

hereby certify

he above Order was adopted on

t~e

day of

~

1979, by a vote of

CQ~t~L.Mofbth

Illinois Pollution

rol Board

35—323