ILLINOIS POLLUTION CONTROL BOARD

December

17,

1981

AMAX COAL COMPANY,

A DIVISION OF

AMAX,

INC~,

)

Petitioner,

PCB

81—186

ILLINOIS

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE

BOARD

(by

I.

Goodman):

On November 18,

1981

Amax Coal

Company

(P~inax)

filed a

variance pertaining

to

an Order entered

by the

Board

in PCB

71—323, or in the alternative a delegation

of

its authority

to the Illinois

Environmental Protection

Agency (Agency)

to

modify the terms

of that Order~

The

Board

took jurisdiction

of this variance

petition on December

3,

1981,

On December

16.

1981 An~axmoved

to

withdraw its petition,

conditioned on the

Agency being

ordered

to release Surety

Bond

No, 9l—35O145~

Since the Board

cannot

delegate to the

Agency

authority to

modify the Order

in PCB 71~323,the relief Amax

seeks lies

properly in a

variance

proceeding.

The

Order

entered in

PCB 71—323 being

still effective, and the

Board

having juris-

diction in this

matter,

Aniax~’sMotion

to

Dismiss

is hereby

denied.

IT IS SO

ORDERED,

I,

Christan L~Moffett,

Clerk of the

Illinois

Pollution

Control Bo~r~L

hereby

ertif

that the

above Order

was

adopted

on the

JJ~day of

,

1981 by a vote of

~

~

Illinois

Pol1ut~n”Control Board

44~249