ILLINOIS POLLUTION CONTROL BOARD
    December 18, 1980
    ANAX
    COAL COMPANY,
    Division of
    )
    ANAX,
    Inc.
    (Sunspot Mine),
    Petitioner,
    v.
    )
    PCB 79—92
    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,
    1L0060364 for the Sunspot Mine
    in Fulton County.
    In addition to a definite settlement of certain
    issues, the stipulation contemplates a further permit application
    involving a description of ~good operating practicest’ 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 remand-
    ed to the Agency for further action consistent with the stipula-~
    tion,
    IT IS SO
    ORDERED.
    I, Christan L, Moffett, Clerk of
    the Illinois Pollution
    Control Board, hereby c~rtify~thatthe above Order was adopted
    on the
    J~
    day of
    ~
    1980 by a vote of
    C ristan L, Moffet 1j9lerk
    Illinois Pollution ~ôntrol Board
    40—119

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