ILLINOIS POLLUTION CONTROL BOARD
    September 21,
    1978
    PEOPLE OF THE STATE OF ILLINOIS
    AND
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Complainants,
    v.
    )
    PCB
    77—162
    WATTS TRUCKING SERVICE,
    INC.,
    Respondent.
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On
    September 14,
    1978,
    Respondent Watts Trucking Service,
    Inc.
    (Watts)
    filed a Motion for Reconsideration of the Board’s
    September
    7,
    1978,
    Order.
    On
    September
    18,
    1978,
    the
    Environ-
    mental Protection Agency
    (Agency)
    filed an Opposition to Motion
    for Reconsideration and Request for Clarification.
    The Septern-
    ber
    7 Board Order granted Watts’ Application for Non-Disclosure
    as to all items
    in its Application except Item 1(a), which was
    information on Watts’
    total income.
    The Board also ordered
    that the stamped material be disclosed to representatives of
    the Agency and the Attorney General’s office
    “if
    necessary in
    their preparation of the case.”
    The Board hereby denies Watts’ Notion for Reconsideration.
    Rule 107(b)
    (5)
    provides that income and earnings data shall be
    kept conficential only when not an issue
    in the proceeding.
    Respondent Watts’
    total income
    is relevant to Section 33(c)
    of
    the Act and is therefore an issue in the proceeding.
    As to the
    disclosure to representatives of the Agency and the Attorney
    General’s office,
    the Board orders that representatives working
    on the case be permitted to examine the material only at the
    Board’s office,
    that no copying be allowed, and that such
    information
    be
    kept strictly confidential
    by
    those examining
    it.
    31430
    —2—
    Finally,
    the Agency requests that the Board clarify its
    phrase “if necessary in their preparation of the case.”
    It is
    the Board’s intent that all the material stamped “Not Subject
    to Disclosure” be disclosed to representatives of the Agency and
    Attorney General’s office involved in preparation of the case
    as such representatives deem it necessary,
    subject to the
    conditions described in the paragraph above.
    IT IS SO ORDERED.
    Mr. Nels E. Werner dissents.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Order was adopted on
    the
    ~
    day of~ç
    ,
    1978 by a vote of
    3-I
    Christan L.
    Moffett, Clerk
    Illinois Pollution ~C~ntro1Board
    11—440~

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