ILLINOIS POLLUTION CONTROL
    BOARD
    December
    3,
    1981
    AMAX COAL COMPANY,
    )
    a division of M~axInc.,
    Petitioner,
    v.
    )
    PCB 81—186
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    )
    ORDER OF THE BOARD (by J.D.
    Dumelle)
    On November 18, 1981
    Ainax Coal Co.
    filed a petition for
    variance from the Board~sApril 25,
    1972 Order in PCB 71—323.
    That petition is deficient in that hearing is waived, but that
    waiver is not accompanied by an affidavit in support of the
    material facts alleged as is required by Procedural Rule 401(b).
    Unless an amended petition curing this defect is filed within 45
    days of the date of this Order, that petition will be subject to
    dismissal.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby/pertify that the above Order was(~adopted
    on the ~A”~
    day of AL~-~~
    ,
    1981 by a vote of
    ~i~-~j
    Christan
    L. Moffet
    erk
    Illinois Pollution
    trol Board
    44—195

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