ILLINOIS POLLUTION CONTROL BOARD

December 18, 1980

AMAX COAL

COMPANY, Division of

AMAX,

Inc.

(Delta Mine

#2),

Petitioner,

v.

)

PCB

79-94

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by

D.

Satchell):

On December

3,

1980

l½max Coal Company

(Amax)

filed a stipu-

lation and withdrawal of request for hearing in this appeal of

conditions of NPDES permit No. 1L0047945 for the Delta Mine

#2

in Williamson County,

In addition

to a definite settlement of

certain issues,

the stipulation contemplates a further permit

application involving a description

of

~good operating practices”

to be utilized by Amax

(Rule 605,1 of Chapter 4:

Mine Related

Pollution).

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 subse-

quent 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 Boar~d,hereby certify that

the

above Order was a4opted

on the

~

day of

t4~i-t~ 1980

by a vote of

~/.

~

Christan L. Mof

,

Clerk

Illinois Pollutio

Control Board

40—123