ILLINOIS POLLUTION CONTROL BOARD
July
10, 1975
ENVIRONI’4ENTAL PROTECTION AGENCY,
)
Complainant,
vs.
)
PCB 75—34
PETTIBONE CORPORATION,
Respondent.
ORDER OF THE BOARD
(by Mr. Henss):
Complainant has filed
‘Motion for Leave
to File an
Interlocutory Appeal from the Order of the Hearing Officer”.
The Motion
is accompanied by
a document entitled “Inter-
locutory Appeal”.
At issue are certain discovery inter—
rogatories which had been propounded by the Complainant
to the Respondent and a request by Complainant for the
right to inspect certain documents
in possession of
Respondent.
It appears
to the Board
that
Interrogatories
No.
3,
No.
33
and
No.
34 are proper.
Those
Interrogatories
ask
for the identity of persons charged with the care and
possession of the Respondent’s financial records;
a list of
the type of financial record kept by Respondent
in the normal
course of business;
and identity of profit and loss statements
from January
1,
1972 to the present.
We believe that inter-
rogatories
No.
27, No.
28,
No.
35
and No.
39 ask for infor-
mation which
is not at this time at issue in the case,
is
immaterial and
in some cases,
is confidential,
The Hearing
Officer properly sustained objections
to those
Interrogatories.
The request for the right
to inspect documents
is too broad.
Complainant requests all periodic financial reports
to the
Responaemt relating
to the operation of the subject facility
from 1970
to the present.
We will sustain the Hearing Officer
in his ruling as
to that request for inspection.
Presumably
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Complainant could phrase
a more specific request after receiving
an answer to Interrogatory No.
3.
it is ordered that Respondent answer Interrogatories No.
3,
No.
33, and No.
34 on or before July
21, 1975 and to that
extent the order of the Hearing Officer
is reversed.
The order
of the Rearing Officer is sustained with regard to Interrogatories
No.
27, No.
28,
No.
35, No.
39 and Complainant’s request for
inspection of “all periodic financial reports
to Respondent
relating to operation of the subject facility from 1970
to the
present”.
IT
IS SO ORDERED.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board,
certify the above Order was adopted the
/ô’~
day of
1975 by a vote of
~
Illinois Polluti
.trol Board
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