ILLINOIS POLLUTION CONTROL BOARD
December
4, 1980
ANAX
COAL
COMPANY,
a division
)
of
AMAX,
INC.,
Petitioner,
)
v.
)
PCB 80—63,
—64
)
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Respondent.
MESSRS. ROBERT L. TRIERWEILER
AND
STEPHEN HANSELL, ATTORNEYS AT
LAW,
AMAX
COAL COMPANY, APPEARED ON BEHALF OF THE PETITIONER.
MS. MARY E. DRAKE, ASSISTANT ATTORNEY GENERAL, AND MR. SCOTT
0. PHILLIPS, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE RE-
SPONDENT.
ORDER OF THE BOARD
(by D. Satchell):
The following Chapter
4 operating permit denials for Amax
Coal Company’s Sunspot Mine in Fulton County are reversed:
PCB 80-63, Supplemental and Renewal permit application, Log
#8022-80, Permit Denial B, Letter of denial February 21, 1980;
and, PCB 80-64, Proposed Sedimentation Pond 004, Log #8033-80,
Letter of denial March 10,
1980.
The appeal is remanded to the
Illinois Environmental Protection Agency
(Agency) for issuance
of permits subject to lawful conditions.
The Agency’s November
12,
1980 motion to strike the amicus brief filed by the Illinois
Coal Association is granted.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereb~certify that the above Order was adopted
on the
~/~“
day
of~4e.s-~4-L~
,
1980 by a vote of
‘1-0
~
Christan L. Mof’f~N9,Crerk
Illinois Pollution Control Board