ILLINOIS POLLUTION CONTROL BOARD

November

8,

1972

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 71—364

VILLAGE OF AUGUSTA AND DENNIS

FOOD COMPANY

Respondents.

OPINION AND ORDER ON APPLICATION FOR NON-DISCLOSURE

(by Mr. Parker):

Dennis Food Company, one of the Respondents, has

filed an application for non—disclosure pursuant to Rules

107

(b) and

(c)

of the Pollution Control Board of “the

balance sheets and profit and loss statements for Dennis

Food Company for the year 1971 and the year 1972

to date,

and all statements, estimates, contracts or other docu-

ments referring to the cost of the furnishing, equipping

and installing of the in—plant treatment facility by

Corporation Company for which the permit of the Environmental

Protection Agency was issued”.

The application contends

that the Dennis Food Company business “is highly competitive

and an unfair advantage to its competitors would be given

should such information become subject to disclosure.”

The documents which are the subject of the application

for non-disclosure have not been shown to the Board,

and

the application for non-disclosure does not specify which

of the statutory exceptions

to the public disclosure require-

ment

is relied upon.

The application does not state whether

the information is considered to constitute

a trade secret,

whether it is considered to be

“privileged”, or whether it

relates to “secret manufacturing processes or confidential

data” as specified in Section

7

(a)

of the Environmental

Protection Act and Rule 107

(b)

(1),

(2)

and

(4).

The

application moreover does not contain the information re-

quired by Rule 107

Cc).

Neither is any affidavit or other

verified statement presented in support of the application.

6

—

135

---

We must accordingly deny the application for non-

disclosure because

it fails to satisfy the requirements of

the statute and the relevant regulations thereunder.

This

denial is without prejudice to Petitioner’s later submission

of an amended application conforming to the requirements of

the Act and Rules and

consistent with this and other

opinions and orders of the Board

(for example see Olin Corp.

v.

EPA,

PCB 72-253, decisions dated August 10, 1972 and

September

6,

1972, EPA v. Mystik Tape, PCB72—lSO,

decision

dated September

6,

1972, EPA v. Benj.

Harris and Company,

PCB 72-49, decision dated September

6,

1972,

and EPA v.

Peabody Coal Company, PCB 72-328, decision dated October 17,

1972)

-

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, certify that the above Opinion and Order on

Application for Non-Disclosure was adopted by the Board on

the

~

day of

____________________,

1972,

by a vote of

~

to

~

—2—