ILLINOIS POLLUTION CONTROL BOARD
    October 3, 2002
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PEABODY COAL COMPANY, a Delaware
    corporation,
     
    Respondent.
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    PCB 99-134
    (Enforcement – Water)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
     
    On September 16, 2002, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a third amended complaint as ordered by the Board on August
    22, 2002. Both the Board’s August 22 and June 20, 2002 orders asked the People to remove
    citations to Section 302.208 of the Board regulations. 35 Ill. Adm. Code 302.208 (1982). The
    People removed one citation to that section, yet six citations (two are incorporated by reference)
    to that section remain.
    1
    In particular, count III of the second amended complaint alleges
    Peabody violated Section 302.208. The Board does not accept the complainant’s third amended
    complaint, and orders the People to file another amended complaint removing allegations of a
    violation of Section 302.208 within 14 days or the Board will dismiss this case.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 3, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
    1
    The citations remain on pages 26, 27 (which are re-alleged and incorporated in count III on
    page 48), 49 and 50.

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