ILLINOIS POLLUTION CONTROL BOARD

October 24,

1974

PEABODY COAL COMPANY,

Petitioner,

v.

)

PCB 73-58

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

Daniel N.

Hall, Attorney for Peabody Coal Company

Larry

R.

Eaton, Assistant Attorney General for the EPA

ORDER OF THE BOARD

(by Mr. Henss)

The parties have stipulated that this matter may be

dismissed and closed without prejudice.

This case,

a continuation

of PCB 72-328, was originally

a variance petition but Peabody

Coal in June 1973, requested that its variance petitions be

dismissed without prejudice and the case proceed

as an appeal

from an EPA denial of

a mine drainage permit at the Will Scarlet

Mine.

The appeal apparently does not serve a useful purpose at

this time for Peabody,

since Peabody has filed a new application

for operating permit at its Will Scarlet Mine.

Peabody states

that all of its rights are fully protected in the separate and

later proceeding.

The stipulation for the dismissal of this case is hereby

accepted.

IT IS ORDERED that the above entitled appeal be dismissed

without prejudice.

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

Control Board, here

ertify that the above Order was adopted

this

~g4~

day of

__________,

1974 by a vote of

~5

to C~

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