ILLINOIS
POLLUTION
CONTROL
BOARD
February
19,
1981
AMAX
COAL
COMPANY,
a
division
)
of
AMAX,
INC.,
)
Petitioner,
)
v.
)
PCB
80—63,
—64
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
ORDER
OF
THE
BOARD
(by
D.
Satchell):
On January 26,
1981
the
Illinois
Environmental
Protection
Agency
(Agency)
filed a motion for reconsideration of the Board’s
Opinion in this matter adopted December 19,
1980.
Although the
motion requests reconsideration of the Board’s Order of December
4, 1980,
it does not ask that the Board modify that Order pro-
viding for a remand.
The Agency contends that in the Opinion the
Board has abandoned its previous position that
a water does not
lose its protected character as
a water of the State by virtue of
use as
a treatment works.
The motion asks that the Opinion be re-
stricted to an interpretation of Chapter
4 with references to
Chapter 3 deleted.
In the Opinion the Board
noted that Rule 608 of the new
Chapter
4 requires the construction of sedimentation ponds.
In
adopting this requirement the Board understood these to include
ponds built in waters of the State~. Since there is a specific
requirement in Chapter 4,
these sedimentation ponds are authorized
treatment works under Rule 104 and do not have to meet the water
quality standards.
The holding was restricted to an interpreta”
tion of Chapter
4.
The Chapter 3 discussion was incidental and
did not alter the Board’s existing interpretation, and
is
the same
as that offered by the Agency in its motion.
The request to modify the Opinion is denied.
IT IS SO ORDERED.
Mr. Goodman dissented.
I, Christan
L. Noffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Order was adopted
on the
/
~f
‘~‘
day of
~
,
1981 by a vote of
‘/-J
Illinois
Pollution
C
ol
Board
40—505