ILLINOIS POLLUTION CONTROL BOARD

June

28, 1977

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Complainant,

v.

)

PCB 75—482

PEABODY

COAL

COMPANY,

Respondent.

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

This

enforcement

action

was

stayed by Board Order on March 11,

1976

pending

the

outcome

of

Peabody Coal Company v.

Illinois

Environmental Protection Agency and Pollution Control Board,

No.

62908 brought in the First District of the Illinois Appellate

Court.

That case was decided on May 10,

1977.

Consequently, the

stay,

on its own merit,

ceases to be effective as of the date the

case was decided.

The Board hereby orders that a hearing be set on this matter

within twenty

(20)

days and held within 60 days of the date of this

Order.

IT

IS

SO

ORDERED.

Mr.

James

Young

took

no

part

in

this decision.

I,

Christan L.

Moffett, Clerk of the

Illinois Pollution Control

Board, hereby certify the above Order was adopted on the

i4~~

day

of

,

1977 by

a vote of

~—p

Christan L. i~off

Clerk

Illinois

Pollution

ontrol

Board

26

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9