ILLINOIS POLLUTION CONTROL
    BOARD
    June 21, 1973
    PEABODY
    COAL
    COMPANY,
    )
    )
    Petitioner,
    )
    vs.
    )
    PCB 73—58
    ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    PCB 72-328
    )
    Respondent.
    ORDER
    Peabody Coal Company has filed a Motion to Dismiss its
    variance petition but wishes to proceed with its appeal from
    an EPA denial of
    a mine drainage permit at the Will Scarlet
    Mine.
    The Variance Petition was originally filed in PCB 72—328
    and was continued as PCB 73-58.
    A dismissal of the Variance
    Petition shall include the Variance requests docketed under
    both cases.
    The Motion to Dismiss variance petition is allowed and
    it is ordered that the variance petitions included in PCB 72—328
    and PCB 73—58 are hereby dismissed.
    The appeal from permit. denial shall proceed to hearing
    under Docket No. PCB 73-58.
    It
    is
    so
    ordered.
    I,
    .Christan
    L.
    Moffett, Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify the above Order was adopted this 21st
    day of June,
    1973 by a vote of
    ~I
    to
    ~
    ~
    8—341

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