ILLINOIS POLLUTION CONTROL
BOARD
June 21, 1973
PEABODY
COAL
COMPANY,
)
)
Petitioner,
)
vs.
)
PCB 73—58
ENVIRONMENTAL
PROTECTION AGENCY,
)
PCB 72-328
)
Respondent.
ORDER
Peabody Coal Company has filed a Motion to Dismiss its
variance petition but wishes to proceed with its appeal from
an EPA denial of
a mine drainage permit at the Will Scarlet
Mine.
The Variance Petition was originally filed in PCB 72—328
and was continued as PCB 73-58.
A dismissal of the Variance
Petition shall include the Variance requests docketed under
both cases.
The Motion to Dismiss variance petition is allowed and
it is ordered that the variance petitions included in PCB 72—328
and PCB 73—58 are hereby dismissed.
The appeal from permit. denial shall proceed to hearing
under Docket No. PCB 73-58.
It
is
so
ordered.
I,
.Christan
L.
Moffett, Clerk
of
the Illinois Pollution Control
Board, hereby certify the above Order was adopted this 21st
day of June,
1973 by a vote of
~I
to
~
~
8—341