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

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