ILLINOIS POLLUTION CONTROL BO~IRD

April 17,

1980

MONTEREY COAL COMPANY,

Petitioner,

v.

)

PCB 79—276

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

ORDER OF

TUE

BOARD

(by

Dr.

Satchell):

On April

8,

1980 Monterey Coal Company filed a motion to

extend stay of effectiveness of certain permit conditions and

to stay proceedings.

The motion contains

a stipulation and

agreement

signed by the Environmental Protection Agency

(Agency)

and states that the Agency has no objection to the motion.

The

motion states that the issues in this appeal may he resolved if

the Board’s Prorosed Order of December 13,

1979

in R76-20 and

R77—lO

is adopted.

The stipulation provides for interim moni-

toring.

On February

7,

1980 the Board granted Monterey for ninety

days

a stay of monitoring requirements and effluent limitations

for outfalls 002A and 002.

The motion asks that this stay be

extended until December 31,

1980 or until the effective date of

a reissued or amended NPDES permit incorporating the terms and

conditions set forth

in the stipulation, whichever comes first.

The motion further asks for an order staying the discovery period

and hearing until December 31,

1980 or until sixty days after the

Agency publicly notices

a reissued or amended NPDES permit for

Monterey’s Mine No.

1, whichever comes

first.

The motion is

granted. Since this is an NPDES Permit Appeal,

the statutory

90 day

decision period does not apply.

IT

IS SO ORDERED.

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was a~.optedon

the

41~

day of

___________,

1980 by a vote of

~

Q~stanL.M~lerk

Illinois Pollutio

ontrol Board