ILLINOIS POLLUTION CONTROL BOARD
    October 4, 1978
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    )
    Complainant,
    V.
    )
    PCB 78-38
    JOYCE E. FRYE and WATTS TRUCKING
    )
    SERVICE, INC.,
    )
    Respondents.
    ORDER OF THE BOARD (by Mr. Goodman):
    On September 15, 1978, Respondents filed a Motion for Recon-
    sideration of the Board’s September 7 Order. In its Order, the
    Board granted Respondents’ Application for Non—Disclosure and
    ordered Respondents to answer certain interrogatories. Respondents
    argue that the Board’s Order was internally inconsistent because,
    on the one hand, it granted confidentiality to information on net
    profit and loss but, on the other, ordered answers to interroga-
    tories on that same subject. The Board disagrees. Respondents’
    answer to Interrogatory No. 14 was to object and their answer to
    the Request for Production of Documents No. 3 was that they would
    “make available for inspection.
    .
    .non—confidential and non-secret
    documents...” The Board finds that a responsive answer to the
    interrogatory and request for production would be that the answers
    are contained in the materials stamped “Not Subject to Disclosure.”
    However, as the interrogatory and request now stand, they have not
    been answered. We deny Respondents’ Motion for Reconsideration.
    Complainant has also filed a Request for Clarification of the
    Board’s Order. In c1arific~tion, the Board orders that the mater-
    ials Subject to the non-disclosure Order be disclosed to represen-
    tatives of the Agency and Attorney General’s office involved in the
    case as such representative deem it necessary. However, the Board
    orders that such representatives inspect the materials only at the
    Board’s office, that no copying of the materials be allowed, that
    the information be kept strictly confidential by those inspecting
    it, and that, if any of the materials are needed at the hearing in
    this matter, the related portions of the hearing be held in closed
    session.
    IT IS SO’
    ORDERED.
    Mr. Nels Werner dissented.
    31—5 91
    —2
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby ertify the above Order was adopted on
    the
    ~
    day of
    ________,
    1978 by a vote of 4—1
    Christan L. Moff ~ Clé~k
    Illinois Polluti ontrol Board
    31—592

    Back to top