ILLINOIS POLLUTION CONTROL BOAi-W
    December 18, 1980
    ANAX
    COAL
    COMPANY,
    Division of
    )
    AMAX,
    Inc. (Leahy Mine),
    Petitioner,
    V.
    )
    PCB 79—97
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD (by D. Satchell):
    On December 3, 1980 Amax Coal Company (Amax) filed a
    stipu-
    lation and withdrawal of request for hearing in this
    appeal of
    conditions of NPDES
    permit
    No. 1L0060321 for the Leahy Mine
    in
    Perry County. In addition to a definite settlement of certain
    issues, the stipulation contemplates a further permit application
    involving a description of “good operating practices’t to be
    utilized by Amax (Rule 605.1 of Chapter 4: Mine Related Pollu-
    tion). This will be considered by the Illinois Environmental
    Protection Agency (Agency) along with the remand. Amax asks
    that the withdrawal be without prejudice to its right to contest
    subsequent determinations
    made in
    issuance of the revised permit.
    The Board construes the withdrawal of request for hearing as a
    motion to dismiss. As such it is granted. The permit is remanded
    to the Agency for further action consistent with the stipulation.
    IT IS SO
    ORDERED,
    I, Christan L.
    Moffett, Clerk
    of the Illinois Pollution
    Control Board, hereby certify that the above Order was adot,ted
    on the
    /6~
    day of
    ~
    1980 by a vote of
    ~-c
    Christan L. Moffet
    ;
    lerk
    Illinois Pollution ontrol Board
    40—125

    Back to top