ILLINOIS POLLUTION CONTROL BOARD
    July 8, 2004
     
    SUTTER SANITATION, INC. and
    LAVONNE HAKER,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-187
    (Permit Appeal - Land)
     
    HEARING OFFICER ORDER
     
    On June 4, 2004, respondent filed a motion for order of protection and privilege to
    prevent disclosure of two documents. The first document is a legal memorandum from Kyle
    Davis, an attorney employed by respondent, to Joyce Munie of respondent’s permit section. The
    second document is a legal memorandum from John Kim, the attorney presently representing
    respondent, to Joyce Munie and Sallie Springer of respondent’s permit section. The memoranda
    contain legal interpretations of the statutes relevant to this appeal, and advise the permit section
    how to proceed.
     
    Respondent argues that the documents are attorney-client privileged communications and
    attorney work product prepared in anticipation of litigation. According to respondent, the
    documents have not been disseminated to the general public. Petitioner did not respond to
    motion.
     
    For the reasons set forth by respondent, the motion is granted.
     
    IT IS SO ORDERED.
     
     
    Carol Sudman
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    P.O. Box 19274
    Springfield, Illinois 62794-9274
    217/524-8509
    sudmanc@ipcb.state.il.us
     
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