ILLINOIS POLLUTION CONTROL BOARD
    June
    7,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    )
    PCB 78—284
    THE SOUTHERN ILLINOIS MINERALS
    )
    CORPORATION,
    an
    Illinois
    corporation,
    Respondent.
    MR. BRIAN E, REYNOLDS, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This
    matter comes before the Board upon a complaint filed
    November 13,
    1978 by the Environmental
    Protection Agency
    (Agency)
    against Respondent,
    Southern Illinois Minerals Corporation
    (Simco)
    an Illinois corporation.
    The complaint alleges violations of the
    Environmental Protection Act
    (Act)
    and Board Rules in connection
    with the abandonment of
    a
    surface
    coal mine, Vergennes Mine
    #4,
    about five miles southeast of Vergennes in Jackson County
    (R.
    9).
    The complaint charges violations of Section 12(a)
    of the Act and
    Board Rules 201 and 502 of Chapter
    4:
    Mine Related Pollution.
    Section 12(a)
    prohibits causing or threatening or allowing the
    discharge
    of any contaminants into the environment so as
    to violate
    regulations and standards adopted by the Board.
    Mine rules
    201 and
    502
    require within one year a
    permit
    to abandon a mine after the
    operator ceases operation without intending to reopen.
    On November
    9,
    1978 Mr. James Burks, Respondent~sregistered
    agent, was served with notice and complaint by certified mail,
    pursuant
    to Procedural Rule 305(a).
    A hearing was held on May
    7,
    1979
    in
    Carbondale.
    No one appeared on behalf of the Respondent
    (H.
    5).
    A letter from Mr. Burks was placed into evidence indicat-
    ing
    that he
    could not appear because he was in Belize in Central
    America.
    The Board finds Respondent in default and will enter
    this Order
    pursuant to Procedural Rule 327.
    At
    the hearing the Agency presented evidence to substantiate
    the allegations
    of the complaint.
    Mr. Robert Gates, Mine Drainage
    Manager for the Agency, testified that
    3 States Trucking,
    Inc.
    at
    one time owned the mine and operated it under Agency permit
    (H,
    7),
    At some time prior to March
    26,
    1977
    the mine was transferred to
    Respondent.
    Simco and
    3
    States are related corporations, both
    34—13
    involving Mr.
    Burks
    (R.
    10),
    Simco never acquired a permit
    to
    operate the mine
    (H. 11),
    However, operation without a permit is
    not
    charged
    in the complaint.
    Mr. Gates testified that on April 14, 1977 there hadn~t
    been any mining activity for some time and that the last cut was
    beginning to fill with water
    (R.
    13).
    On May 31,
    1977 there was
    no equipment or personnel
    at the mine.
    The Agency sent a letter
    to
    3
    States
    on June
    2, 1977 advising them that notice was to be
    given the Agency within thirty days of cessation of operations
    CR.
    16,
    Comp.
    Ex,
    3).
    After a telephone conversation with Mr.
    Burks
    on
    September
    8,
    1977 a letter was sent to Simco advising it
    that there were violations and requesting a conference to develop
    a program
    CR.
    18,
    Comp. Ex.
    4).
    Mr. Burks responded to this
    letter and indicated that
    a dozer had been moved to the site to
    begin reclamation
    work
    (Comp.
    Ex,
    5)
    A compliance conference was
    held
    in Marion
    in September,
    1977
    (H,
    21),
    In a letter dated
    September 28,
    1977,
    J,
    W, Brown and H,
    Roffmann, professional
    engineers,
    advised the Agency that the
    mine
    had ceased operations
    on
    March 26,
    1977
    CR.
    22, Comp.
    Ex.
    6).
    Mr.
    Gates testified that
    on October
    26,
    1977 there was no operation at the site and no
    sign of reclamation activity
    CR.
    26).
    Mr. William Ryan,
    an Agency employee,
    also testified
    (R.
    28).
    On June 29, 1978 there were no persons, activity or sign of re-
    clamation
    (R,
    31).
    No abandonment permit was ever
    I s sued by
    the Agency
    CR.
    31),
    Mr. Gates visited the site again on February
    29, 1979
    CR,
    26).
    There was no sign of recent reclamation activity
    and more water was accumulating
    in the pit.
    From past experience,
    the witness expected that it would overflow, releasing polluted
    water.
    The Board finds that the mine was abandoned on March 26,
    1977
    and that the required permit to abandon was never obtained as
    alleged in the
    complaint.
    The Board has considered Section 33(c)
    in mitigation in assessing its penalty.
    There is testimony that
    the site poses
    a potential for public harm
    from discharge of
    polluted water,
    The social
    or economic value of the mine and its
    suitability to the area are not questioned.
    There is no evidence
    that
    it
    is
    technically impracticable or economically unreasonable
    to reclaim the mine area.
    The Board
    finds that a penalty of $2500
    is necessary to aid
    enforcement of the Act,
    Although
    a much larger fine could be
    levied in a default,
    there is no direct evidence of the extent of
    environmental damage and the Board requires that Respondent use
    available resources to bring
    the
    site
    into compliance.
    Respondent
    will be ordered to apply for an abandonment permit and to undertake
    reclamation work.
    34—14
    —3—
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1.
    Respondent,
    Southern Illinois Minerals Corporation,
    is in violation of Section 12(a)
    and Board Rules
    201
    and 502 of Chapter
    4:
    Mine Related Pollution,
    as
    alleged in the complaint.
    2,
    Respondent shall
    cease and desist from further violations
    of the Act and Board Rules.
    3.
    Respondent shall apply for an abandonment permit from
    the Agency.
    4.
    Respondent shall perform any and all acts necessary to
    reclaim the mine area in compliance with Rule 502 of
    Chapter
    4:
    Mine Related Pollution.
    5,
    Respondent shall, by certified check or money order
    payable to the State of Illinois,
    pay a civil penalty
    of $2500 which is to be sent to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois 62706
    I,
    Chri,stan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    ‘7~
    day of
    ~
    ,
    1979 by a vote of
    3..~
    I_
    rr~ç.ç~±~
    ~
    Christan
    L. Moffett, Clerk
    Illinois Pollution Control Board
    34—15

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