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

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