ILLINOIS POLLUTION CONTROL BOARD
January 10,
1980
MONTEREY COAL COMPANY,
Petitioner,
PCB 79—276
ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
ORDER OF ThE BOARD
(by Dr. Satchell):
On December
21,
1979 Monterey Coal Company filed a motion
to stay NPDES permit conditions.
The motion alleges arbitrary
and unreasonable hardship as the exclusive grounds
for the stay.
Although this could entitle Petitioner to a variance,
it is not
the rule for stay of permit conditions,
The motion
is therefore
denied.
A motion to stay should indicate whether the permit
is
new
or
renewed, whether the conditions to be stayed were included
in previous permits and whether they are mandated by regulations
or discretionary with the Agency.
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Order was adopted on the
day of~,
1980
by a vote of
.
37—16 1