ILLINOISPOLLUTION CONTROL BOARD
    January
    10, 1980
    AMAX
    COAL COMPANY, Division of
    ANAX,
    Inc.,
    )
    Petitioner,
    v.
    )
    PCB 79—92,
    —93,
    —94, —97
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by Dr. Satchell):
    On December
    5,
    1979
    Amax
    Coal Company
    (Amax)
    filed motions
    for stay of permit conditions
    in connection with four NPDES
    permit appeals.
    On December 13, 1979 the Environmental Protection
    Agency
    (Agency)
    filed a response arguing that the stay should be
    denied because the conditions for which stay is sought are manda-
    tory conditions which the Agency is obliged by law to incorporate
    into the permit.
    Since the Amax motions do not contend otherwise,
    the motions to stay are denied.
    Amax’s argument that §12(f)
    of
    the Environmental Protection Act creates
    an absolute right to
    stay of permit conditions
    is rejected.
    The final paragraph of
    §12(f)
    creates
    a defense
    to a complaint alleging discharge without
    a permit where timely application has been made.
    It does not,
    however,
    require stay of permit conditions after the permit
    is
    issued.
    The Agency’s motions to dismiss filed December 31,
    1979
    are also denied.
    IT IS SO
    ORDERED.
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution
    Contro~Board, her by certify the above Order was adopted on
    the
    /ØT~
    day of
    ______________,
    1980 by a vote of
    _____
    Chr stan L. Mo fet
    ,
    rk
    Illinois Pollution
    o
    rol Board
    37—117

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