ILLINOIS POLLUTION CONTROL BOARD
October 30,
1980
AMAX
COAL COMPANY,
a division
of
AMAX,
INC.,
Petitioner,
v.
)
PCB 80—63,
—64
ENVIRONNENTAL PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by D.
Satchell):
On October 17,
1980 the Environmental Protection Agency
(Agency)
filed an affidavit and motion for extension of time to file its
brief.
On October 17, 1980 Aniax Coal Company filed an opposition
and motion for summary decision and on October 24,
1980 a supplement.
On October 27, 1980 the Agency filed its brief and
a motion to file
post hearing brief instanter,
along with an objection to Amax’s
motion for summary decision.
Four hearings have been held in connection with this Chapter
4
operating permit appeal:
Hearing Date
Transcript Filed
Page Numbers
August
5, 1980
September 3,
1980
1—202
August
6, 1980
September 24,
1980
203—441
August
8,
1980
August 26,
1980
2—113
August
9, 1980
August 26,
1980
113—254
The Board notes that all of thes& transcripts were filed more
than fourteen days after completion of the hearings, contrary to
Procedural Rule 504.
Furthermore, the cover page for the hearing
of August
6 states that it was the hearing of August
5.
Moreover,
the transcript of the hearing of August
9 is contained within the
same volume
as the hearing of August
8,
Petitioner was less than
diligent in alerting the Board and parties
to these irregularities
in the transcript which have caused confusion concerning when the
case was ready for decision.
At the conclusion of the hearings, the Hearing Officer ordered
Amax to mail its brief within seven days of receipt of the transcript.
The Agency’s brief was to be mailed within fourteen days of receipt
of the brief.
Amax’s reply brief was to be mailed within seven days
of receipt of the Agency brief.
Amax filed its brief on October
2,
—2—
1980.
Because of the confusion surrounding the transcripts and
the delay, Amax is not without fault.
Therefore,
the motion for
summary decision is denied.
The Agency’s motion for extension of
time and motion to file brief instanter is granted.
IT IS SO ORDERED
Mr. Werner abstained
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby ce tify that the above Order was adopted
on the
~
day of
_______________,
1980 by a vote of
~/—~
trol Board