ILLINOIS POLLUTION CONTROL BOARD
    September 5, 1974
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    PCB 74—140
    )
    WESTERN PIECE DYERS AND FINISHERS,
    )
    INC., a Delaware Corporation,
    )
    )
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by Mr. Henss)
    Western
    Piece
    Dyers
    and
    Finishers
    Company
    has
    filed
    Application
    for
    Non—Disclosure
    of:
    All
    parts
    of
    Respondent’s
    Federal
    Corporation
    Income
    Tax
    Returns for the years 1969 through 1973, and
    Respondent’s
    Federal Corporation Estimated Income
    Tax Return for 1974.
    The Company contends that such information comes within the
    category
    “income
    and
    earnings
    data
    when
    not
    in
    issue
    in
    the
    case”.
    See:
    Procedural
    Rule
    107 (b) (5).
    A review of the pleadings indicat~that“economic reasonableness”
    of complying with pollution control laws is not at this
    time
    in issue
    in the case.
    However, Western Piece Dyers and Finishers, Inc. states:
    “Respondent is still
    unable
    to determine whether economic
    reasonableness will have to be raised as a defense at the hearing”.
    We find that the tax
    returns
    should not be subject to disclosure
    unless economic reasonableness does become an issue.
    We will allow
    the motion for non—disclosure subject, however, to use of the material
    and introduction of it into the record if the economic strength of
    the
    company
    becomes
    an issue at the hearing.
    It is so ordered.
    13—505
    I, Chri~tanL~ Moffett, Clerk of the
    Illinois
    Pollution Control
    Board,
    certify that the above Qrder was adopted on this~~
    day of
    September,
    1974 by
    a vote of
    ~
    13—506

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