ILLINOIS POLLUTION CONTROL BOARD

January 19,

1989

CONSOLIDATION COAL COMPANY,

)

Petitioner,

v.

)

PCB 88—141

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

MS.

KATHERINE

D. HODGE APPEARED ON BEHALF OF PETITIONER;

MR. JOHN

3.

BRESLIN APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by

R.

C.

Flemal):

This matter comes before the Board upon

a Petition for

Review of NPDES Permit No. 1L0052795

(“Permit”)

as reissued to

Consolidation Coal Company

(“Consolidation”)

by the Illinois

Environmental Protection Agency (“Agency”);

the Petition

for

Review was filed on September

1,

1988.

Hearing was held

on December

20,

1988

in Pinckneyville,

Illinois.

At hearing

the parties submitted

a Stipulation and

Agreement

(“Stipulation”).

The Stipulation, which was filed with

the Board

on December

23,

1988,

frames the matter

as

it now

stands.

The parties now request

that the Board concur with

certain

interpretations presented

in

the Stipulation,

and

thereafter

to dismiss

this matter.

The interpretations at

issue concern

requirements

for

monitoring

of mine waste effluents.

These requirements are found

at

35

Ill.

Adin.

Code,

Subtitle D: Mine Related Water Pollution,

Part

496.

Part 406 was substantially amended by the Board

in

R84—29

As originally reissued,

Permit No.

1L0052795 required that

Consolidation take and analyze, for each of

32 discharge points,

three discharge samples per month (equivalent

to nine per

quarter), designated as “base flow”

samples, plus at

least

three

additional samples per quarter of discharges caused by

precipitation events or

snowmelt runoff (Permit,

p.

2,

3).

Initially,

varying

interpretations

of this requirement were held

by the parties

(Stipulation,

para.

4).

~ In the Matter

of: Proposed Amendments

to Title

35, Subtitle

D:

Mine Related Water

Pollution, Chapter

I, Parts

402 and 406;

Final

Opinion and Order adopted June

25,

1987

(78 PCB 523—563).

95—32 5

---

—2--

The parties now agree

that Part 406 requires

the collection

and analyses of precipitation event discharges,

but not

necessarily

in addition

to regular collection and analysis

requirements

(Stipulation,

para.

5).

The parties

further

agree

and represent to

the Board

that the Agency has the authority

to

require,

in

a permit condition,

that some of the required samples

be of

base flow discharges

(Id.).

Additionally,

the parties

further

agree that Part 406

is consistent with

a requirement of

nine discharge

samples per quarter per discharge point, with

at

least

three of

said samples being of

precipitation event

discharges,

if possible (Id.).

A new draft permit containing

these requirements was under

preparation by the Agency

at

the time

of hearing

(R.

at

6).

The

Agency

is apparently prepared

to issue

the new permit

to be

effective on

the date that

the Board dismisses

this matter

(R.

at

8).

Specifically,

the new permit would

restructure the

monitoring requirements

to

read:

There

shall

be

a minimum of nine

(9)

samples collected

during

the quarter when

the pond

is discharging.

Of

these

9 samples,

a minimum of one sample each month

shall

be taken during base flow

conditions.

A “no

flow”

situation

is not considered

to be

a sample of

the discharge.

A grab sample of each discharge caused

by the following precipitation event(s)

shall

be

taken

(for

the following parameters) during at least

3

separate events each quarter.

For quarters

in which

there

are

less than

3 such precipitation events

resulting

in discharges,

a grab sample of

the

discharge shall

be required whenever such

precipitation event(s) occur(s).

The remaining

three

(3)

samples may be taken

from either base flow or

during

a precipitation event.

R.

at 6—7

In support

of their

interpretations,

the parties cite

various portions

of

the Board’s Opinion and Order

in R84—29 and

the Part 406 amendments adopted therein.

Without repeating these

citations,

the Board notes

that

it concurs with the

interpretations

arrived at by the parties

and finds them to

be

consistent with the Board’s

intent,

as presented

in the Boardts

Opinion

in R84—29,

and with Part

406

as amended therein.

Inasmuch as all

issues are resolved,

this matter will

be

dismissed.

This Opinion constitutes

the Board’s findings of

fact and

conclusions of

law in

this matter.

n5—326

---

—3—

ORDER

The appeal of NPDES Permit No. 1L0052795 brought by

Consolidation Coal Company in PCB 88—141

is hereby dismissed.

Section 41 of the Environmental Protection Act,

Ill.

Rev.

Stat.

1987

ch.

1111/2 par.

1041, provides

for appeal

of final

Orders of

the Board within

35 days.

The Rules of the Supreme

Court of Illinois establish filing requirements.

IT IS SO ORDERED.

I, Dorothy

M. Gunn, Clerk of

the Illinois Pollution Control

Board,

hereby certify that the above Opinion and Order was

adopted on the

/~‘-

day

of

‘,,~‘

,

1989,

by

a

vote of

7-C

.

IL

~-

~Z~ifL

~.

Dorothy

M. G~hn, Clerk

Illinois Pollution Control Board

95—327