ILLINOIS POLLUTION CONTROL BOARD

August

5

,

1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

)

v.

)

75—284

HARRISBURG COAL COMPANY,

Respondent.

ORDER OF THE BOARD

(by Dr.

Satchell):

The Environmental Protection Agency

(Agency)

filed a

Motion for Hearing on July

21, 1976.

This motion was filed

because of the Board’s Order of April

8,

1976 requiring from

Respondent a Certificate of Acceptance within

35 days of the

Order.

This was done because the Board had extended the

parties’ stipulated facts, methods of compliance and penalty

by specifying

the method of performance bond release

(Order,

Par.

2).

Respondent has not filed the required certificate.

It is necessary for Respondent to accept the change in order

that the Board’s Order be made “binding and enforceable.”

Harrisburg Coal Company has already been dilatory in meeting

its environmental responsibilities.

Holding

a hearing now

will cause delay and more environmental damage.

The Board

will modify its Order of April

8, 1976 rather than allow

further delay of the remedy in this case:

(1)

Paragraph

2 of the Order shall read as follows:

Same except strike the language after the semi-colon;

namely,

“release of such bond shall be effected by

the Environmental Protection Agency upon compliance

with all Regulations.”

(2)

The Board strikes Paragraph

5 of that Order.

The Agency’s Motion for Hearing is denied.

Mr. Young abstained.

IT IS SO ORDERED.

23

—

209

---

—2—

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

Control Board, hereby certify

he above Order was adopted on

the

~/‘~‘day of

____________,

1976 by a vote of

~

Christan L. Moffett,

C

~

Illinois Pollution Cofl~9f1Board

23

—