ILLINOIS POLLUTION CONTROL BOARD
    April
    1.
    1982
    AMAX
    COAL
    COMPANY
    (LEAHY MINE),
    Petitioner
    ,
    v.
    )
    PCB 82—5
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by D. Anderson):
    On March 29,
    1982 2½max Coal Company
    (Amax)
    and the Illinois
    Environmental Protection Agency
    (Agency)
    filed a joint motion
    to dismiss this appeal of NPDES Permit No.
    1L0060321.
    The
    Agency has agreed to modify and reissue the permit in
    a manner
    satisfactory to Amax.
    Issue hA concerns the provisions of Section 406.102(e)
    and Section 406.102(f), which allow a permit applicant to
    choose between composite or grab sample monitoring.
    Section
    406.101(b)
    contains a special averaging rule if grab sample
    monitoring is elected.
    These provisions were intended to be
    alternatives between which the applicant could choose in the
    permit application.
    Section 406.102(e)
    states
    that, if the
    applicant elects grab samples,
    “the Agency shall by permit
    condition require monitoring and reporting on the basis of
    grab samples.”
    The agreement in the case seems to place the option in
    the permit rather than the application.
    This
    is not what the
    Board intended and could be subject to abuse.
    However, having
    noted this for future reference, the Board will grant the motion
    to dismiss.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order1was adopted on the
    /~
    day of
    ,
    1982 by a vote of
    ~f—O
    CL_~rr)
    44~
    Christan L. Moff~t,~j)Cle~k
    Illinois PollutiofrC’ontrol Board
    46—39

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