ILLINOIS POLLUTION CONTROL BOARD

August

 21, 1980

ZEIGLER

COAL

COMPANY,

Petitioner,

v.

)

 PCB 80—142

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

 (by D. Satchell):

On August 7,

 1980 Zeigler Coal Company

 (Zeigler)

 filed a

petition for a variance from Rule 203(f)

 and Rule 408(b)

of

Chapter

3:

 Water Pollutibn,

 for Zeigler’s Spartan Mine.

 This

underground coal mine appears to be subject to the new version

of Chapter

4:

 Mine Related Pollution

 (Rules)

 recently adopted

by the Board

 (Orders of May

15,

 1980 and July 24, 1980).

 Chapter

4 became effective August

7,

 1980.

 Chapter

 3 is inapplicable to

mine discharges except as provided in Chapter 4

 (Rule 600).

 Rule

408(b)

 of Chapter

 3 is inapplicable

 fRule 606(a).

 Rule 203(f)

of Chapter

 3 may be incorporated by Rule 605.

 However, Rule 605.1

provides for a temporary exemption by permit condition.

The

petition contains no showing that Zeigler cannot obtain the re~

quested relief by way of permit application.

 The petition will

 be subject to dismissal unless an amended petition addressing the

noted deficiencies is filed within forty—five days of the date of

this Order.

 The decision period will commence with the

 filing of

such an amendment.

IT IS SO ORDERED.

I, Christan L.

 Moffett, Clerk of the Illinois Pollution Cont1ol

Board, hereby certify that the above Ord~rwas adopted on the

day of ~d~44.~&

 1980 by a vote of

S’-O

Illinois Pollution