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