ILLINOIS POLLUTION CONTROL BOARD
    December 18, 1980
    AMAX COAL COMPANY, Division of
    AMAX, Inc.
    (Delta Mine #1)
    ,
    Petitioner,
    V.
    )
    PCB 79—93
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent,
    ORDER OF THE BOARD (by D. Satchell):
    On December 3, 1980 Amax Coal Company (Amax) filed a stipu-
    lation and withdrawal of request for hearing in this appeal of
    conditions of NPDES permit No. 1L0060402 for the Delta
    Mine
    #1
    in Saline and Williamson Counties. In addition to a definite
    settlement of certain issues, the stipulation contemplates a
    further permit application involving a description of “good
    operating practices’~ to be utilized by Amax (Rule 605.1 of
    Chapter 4: Mine Related Pollution). This will be considered
    by the Illinois Environmental Protection Agency (Agency) along
    with the remand, Amax asks that the withdrawal be without pre-
    judice to its right to contest subsequent determinations made in
    issuance of the revised permit. The Board construes the withdraw-
    al of request for hearing as a motion to dismiss. As such it is
    granted. The permit is remanded to the Agency for further action
    consistent with the stipulation.
    IT IS SO ORDERED,
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby
    c~tify
    tjiat the above Order was adopted
    on the
    /~‘~
    day of ~~~1980
    by a vote of
    ~/—c~
    Christan L. Mof4Jj~j, Clerk
    Illinois Pollution Control Board
    40— 121

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