_______________________________
|   U.S. Department of Labor   |
|          Office of           |
|  Administrative Law Judges   | 
|                              |
|           GRANTED            | 
|                              | 
|By Order of                   |   
|JEFFREY TURECK                |
|Administrative Law Judge      | 
|                              |
|Dates 6-26-91                 | 
|______________________________|

In the Matters of

Case No. 91-WPC-1

JAMES L. SEDA

v.

WHEAT RIDGE SANITATION DISTRICT

Case No. 91-WPC-2

JEFF WALTERS

v.

WHEAT RIDGE SANITATION DISTRICT

Case No. 91-WPC-3

PHILLIP J. WATHIER

v.

WHEAT RIDGE SANITATION DISTRICT

    Respondent Wheat Ridge Sanitation District ("District") hereby moves for an Order partially quashing the subpoenas issued to the five members of the Board of the District.

    The ALJ, at the request of the attorneys for the three applicants, issued subpoenas upon the five members of the Board. Among the documents which these individuals are to bring include "all other documents in your possession concerning . . . District operations". Literally construed, this document request encompasses every single document in the possession of the District, including: (1) employee time records; (2) office staff monthly reports regarding expenditures; (3) payroll records; (4) monthly bills from the District to its customers; (5) invoices to the District from various suppliers, etc.; (6) MSDS; (7) DMRS, lab reports; (8) many other documents.

    These documents are literally thousands upon thousands in number. Production of these documents at the scheduled hearing would pose a significant logistic problem, would require the displacement of many files and cabinets, would bring considerable disruption to the District and impair its operating abilities. documents appear to have no relevance whatsoever to this proceeding.

    WHEREFORE, the District moves to partially quash the subpoenas served upon the Board members to the extent that such subpoenas require production of "all other documents . . . concerning . . . District operations".

             Respectfully submitted,

             BRADLEY, CAMPBELL, CARNEY & MADSEN
             Professional Corporation

          By
             Jim M. Hansen, No. 13745
             1717 Washington Avenue
             Golden, Colorado 80401
             (303) 278-3300

             Attorney for Wheat Ridge Sanitation
             District

To Donald Drummond, Board of Directors, Wheat Ridge Sanitation
    District, 4900 Marshall St., Wheat Ridge, CO 80034

    YOU ARE HEREBY REQUIRED to appear at U.S. Courthouse, Division 1
    Courtroom, 4th floor, 1929 Stout St., Denver, Co

on the 1st day of July, 1991, at 9:00 o'clock, a.m.,*
to testify in a cause arising under the Federal Water Pollution Control Act,
33 U.S.C. Sec. 1367

entitled: In the matter of James L. Seda, Jeff Walters and Phillip J.
Wathier v. Wheat Ridge Sanitation District

and bring with you the following: copies of all communications with Ken Brown,
Barry Hudson and the other members of the Wheat Ridge Sanitation
District Board of Directors, and all other documents in your
possession concerning the E.P.A. investigation, District operations,
and the selection and retention of private contractors, from
January 1, 1990 to the present.

Dated June 17, 1991        NAHUM LITT
                Chief Administrative Law Judge

* and continuing thereafter day-to-day until completed.

Issued at Request of: See Exhibit A

Attorney for:

Address:

Telephone:

Issued at Request of:

Susan J. Tyburiski, Esq.
Attorney for James L. Seda
50 South Steele Street, Suite 800
Denver, Colorado 80209
(303)377-9698

Robert H. Sonheim, Esq.
Attorney for Phillip J. Wathier
7910 Ralston Road
Arvada, Colorado 80002
(303) 424-4466

Barry D. Roseman
Attorney for Jeff Walters
789 Sherman Street, Suite 360
Denver, Colorado 80203
(303)839-1771