ILLINOIS POLLUTION CONTROL BOARD
November 29,
1979
PEABODY COAL COMPANY,
)
Petitioner,
v.
)
PCB 78—296
ENVIRONMENTAL PROTECTION
AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by Dr.
Satchell):
On October 24,
1979 Peabody Coal Company (Peabody)
filed a
motion
for rehearing and other relief which requests reconsider-
ation of the Board’s Opinion and Order of September 20,
1979.
On November 13,
1979 the Environmental Protection Agency
(Agency)
filed a belated Response opposing reconsideration along with a
motion to file and memorandum.
On November
14,
1979 Peabody
filed a reply and motion for leave to reply.
Each party’s motion
for leave to file is granted.
To the extent Peabody requests
a
summary remand to the Agency its motion
is denied.
To the extent
Peabody demands
a rehearing its motion
is denied since it has not
pointed to unresolved factual disputes which would require
a
hearing.
To the extent Peabody requests reconsideration of the
Board’s Order the motion is granted.
Since it appears that
Peabody has not fully briefed all of the issues raised in its
motion,
leave is granted to file an additional brief within
thirty days.
The Agency will have thirty days thereafter to
respond.
IT IS SO ORDERED.
I, Christan
L. Moffett,
Clerk of the Illinois Pollution
Control
Board, hereby certify the above Order was adopted on
the~gk__day of
~
,
1979 by a vote of
I/.~O
~stanL.Moffett,~~
Illinois Pollution Control Board
36—159