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

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