ILLINOIS POLLUTION CONTROL BOARD

July

31, 1975

PEABODY COAL COMPANY,

Petitioner,

v.

)

PCB 75-68

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF THE

BO?PL’

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the Environmental Protection Agency’s

(Agency)

motion to dismiss Peabody Coal Company’s

(Peabody) petition

for variance.

The Board

finds that Peabody’s petition and amended

petition for v~.irianceis inadequate and fails

to comply

with Rules 4Ol~a)(iv),

(v),

(vi),

(vii),

(viii),

(ix),

(x),

(b),

(c) and

(e)

~f the Board’s procedural rules.

Further-

more,

Peabody’s ~esponse

to the Agency’s motion was untimely.

It is the Oi~erof the Board that the Agency’s motion

be granted and Pc~ahodyCoal Company’s petition for variance

is hereby disrn~.ssedwithout prejudice.

IT IS SO ORDERED.

I,

Christ~nL.

Moffett, Clerk of the Illinois Pollution

Control Board, nereby certify

he above Order was adopted on

the

~

day of

_____________,

1975 by a vote of

~stanL.Mof~t~4~

Illinois Pollution C

ol Board