ILLINOIS POLLUTION CONTROL BOARD
December 2, 1982
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 75—22
UNITED
ELECTRIC
COAL
COMPANIES,
)
)
Respondent.
MS.
CHRISTINE
ZEM2½N,ASSISTANT
ATTORNEY
GENERAL,
APPEARED
FOR
ENVIRONMENTAL
PROTECTION
AGENCY.
MR.
JAMES
B.
MURRAY,
HEAD
ASSISTANT
ATTORNEY,
APPEARED
FOR
THE
METROPOLITAN
SANITARY
DISTRICT
OF
GREATER
CHICAGO.
OPINION
AND
ORDER
OF
THE
BOARD
(by
D.
Anderson):
This matter comes before the Board upon a complaint filed
January
16, 1975 by the Illinois Environmental Protection Agency
(Agency)
naming as respondent United Electric Coal Companies,
a Delaware corporation.
On July 25,
1975 the complaint was
amended, naming instead as respondents Freeman United Coal
Mining Company,
a division of Material Service Corporation,
another Delaware corporation
(Freeman),
and
the Metropolitan
Sanitary District of Greater Chicago
(MSD).
The amended
complaint alleged violations of Section 12 of the Environmental
Protection Act
(Act)
and water quality standards of Chapter 3:
Water Pollution in connection with discharges from a gob pile
and lake
at
an
abandoned surface coal mine in Fulton County.
A public hearing was held on August
13, 1982, at which time
two stipulations and proposals for settlement were presented.
Members of the public attended but did not comment, although
attorneys for
MSD
placed in the record that resolutions encour-
aging
settlement
had
been
enacted
by
the
Fulton
County
Board
and the City of Canton
(R.
9).
The stipulations were filed with the Board on September
1,
1982.
On October 29, 1982 an amended stipulation was filed
by
NSD
and the Agency.
This extended dates which could not
have been met because of a failure to receive bids on a portion
of the compliance program.
Because of the minor nature of this
amendment a second hearing is not required by 35 Ill. Adm. Code
103.180.
Freeman is
a successor by merger to United Electric Coal
Companies which occurred on November 15,
1974.
They will be
referred to collectively as “Freeman”, even though some of the
actions were done by United prior to the merger.
50-01
—2--
The
surface
mine was
known
as Cuba Mine #9,
and is located
about
one. mile east and two miles south of Cuba,
in Sections 28
and 33
of T6N, R3E of the 4th P.M., Fulton County.
Freeman
conducted strip mining operations at Cuba #9 prior to May 15,
1971.
On March 20, 1975 the site was sold to MSD for use as a
sludge application facility, a plan which. never came about.
Instead, this action was
filed along with other actions
directed against MSD’s Fulton County operations.
On September 1,
1977 this matter was continued pending the outcome of IEPA v.
MSD,
PCB 75—112, which was decided on May 14,
1981 at 41 PCB
373.
Cuba #9 includes
a gob lake which is situated at the
southern edge of the site in the N 1/2 of the NW 1/4 of
Section 33, T6N, R3E of the 4th P.M.
The pond discharges
via two unnamed tributaries to Big Creek,
a tributary of
Spoon River.
The parties have stipulated that at one time the gob pond was
drained by a number of siphons which traversed the earthen dam
along the southern edge of the pond.
These were removed at
some unknown date prior to June
11, 1975.
On that date MSD
excavated a ditch for the purpose of circumventing the dam.
The ditch was widened with approval of the Agency in November,
1975, for the purpose of preserving the structural integrity
of the dam.
The £ollo~ingis a summary of the allegations of the
complaint:
Act
Chapter
3
35
Ill.
Summary
Adm. Code
Count
I
(against Freeman):
12(a)
Discharge so as to cause
water pollution
12(c)
tncre.ased quantity or
strength of discharge or
constructed a new outlet
without a permit
12(a)
203(a)
302.203
Unnatural sludge or bottom
deposits, etc.,
and matter
in concentrations harmful
to aquatic life
12(a)
203(b)
302.204
Caused waters in unnamed
tributary to go below pH 6.5
50-02
—3—
35 Ill.
Act
Chapter
3
Adm. Code
Summary
12(a)
203(f)
302.208
Iron in excess of 1.0 mg/i
in unnamed tributaries and
Big Creek
12(a)
203(f)
302.208
Manganese in excess of
1.0 mg/i in unnamed tribu-
taries
12(a)
203(f)
302.208
Sulfate in excess of 500 mg/l
in unnamed tributaries
12(a)
203(f)
302.208
Total dissolved solids in
excess of 1000 mg/i in
unnamed tributaries
Count II
(against MSD):
12(f)
Discharge
without
an
NPDES
permit
12(a)
203(a)
302.203
Unnatural sludge or bottom
deposits, etc.,
and matter
in concentrations harmful to
aquatic life
12(a)
203(b)
302.204
pH less than 6.5
in the
receiving stream
12(a)
203(f)
302.208
Iron in excess of 1.0 mg/l
in receiving stream
Attached to the stipulations are Agency analyses of waters
downstream of the gob lake.
A downstream sample taken from
Big Creek on June 5,
1981 showed levels of contaminants in
excess of water quality standards except pH:
Parameter
Concentration
(mg/i)
pH
7.2
Iron
9.3
Manganese
2.0
Sulfate
1019
Total Dissolved Solids
1180
50-03
—4—
Freeman has admitted, and the Board finds, violation
of Sections 12(a)
and 12(c)
of the Act and the water quality
standards of 35 Ill. Adm. Code 302.203, 302.204 and 302.208
for unnatural sludges, pH, iron, manganese, sulfate and total
dissolved solids, on various dates between April 16,
1972 and
March 20, 1975.
MSD has admitted, and the Board finds, violation of
Sections
12(a)
and 12(f)
of the Act and 35 Ill. Adm. Code
302.203, 302.204 and 302.208, the water quality standards for
unnatural sludge, pH and iron, on various dates between
March 20,
1975 through August 11,
1982.
The settlement agreement provides for a penalty
of $5,000 to be paid by Freeman.
MSD is to pay no penalty,
but is to construct and operate a unit to treat the acid mine
drainage from the gob pile and is to pursue the study and
development of a plan to reclaim the gob and slurry refuse at
Cuba #9 so as to eliminate the probable source of acid drainage.
The actual reclamation depends in part on whether it will be
economically advantageous to MSD.
The treatment facility will
cost about $100,000 to build.
The Board accepts the stipulation
and
proposal
for
settle-
ment pursuant to 35 Iii. Adm. Code 103.180.
The Board finds
the $5,000 penalty against Freeman necessary to aid enforcement
of the Act, and finds that a penalty against MSD
is
not
necessary
to aid enforcement of the Act.
In making this determination
the Board has considered the factors specified in Section 33(c)
of the Act.
This Opinion constitutes the Board’s findings of
fact and conclusions
of law in this matter.
ORDER
1.
Respondent Freeman United Coal Mining Company
(Freeman) has
violated Sections
12(a)
and 12(c)
of the Environmental
Protection Act, and 35 Ill. Adm. Code 302.203, 302.204
and
302.208.
2.
Respondent
Metropolitan
Sanitary
District
of
Greater
Chicago
(MSD)
has
violated
Sections
12(a)
and
12(f)
of
the
Environmental
Protection
Act,
and
35
Ill.
Adm.
Code
302.203, 302.204 and 302.208.
3.
On or before February
1,
1983, MSD shall
submit
an-
applica-
tion for an NPDES permit to construct an acid mine drainage
treatment facility
and
for an NPDES permit to discharge
treated wastewater from the gob lake at Cuba Mine
#9.
50-04
—5—
4.
Respondents shall comply with the terms
of the
stipulations and proposals for settlement which.
are incorporated by reference.
5.
Upon issuance of the NPDES permit, MSD shall promptly
construct,
install and operate the referenced
treatment facility.
6.
MSD shall meet applicable effluent limitations and
water quality standards imposed pursuant to 35 Ill.
Adm. Code 406 and the NPDES permit program for
discharges after July 1,
1983.
7.
MSD shall pursue the study and
development
of
a
plan to reclaim the gob and slurry refuse at Cuba
Mine
#9 so as to eliminate the probable source of
acid mine drainage to the gob
lake.
8.
Within thirty-five days of the date of this order
respondent Freeman shall, by certified check or
money order payable to the State of Illinois, pay
a
penalty
of
$5,000
which
is
to
be
sent
to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Ro~~d
Springfield, Illinois 62706
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby c~e,~tifythat the above Opinion and Order
were adopted on the ~
f~J/J
day of
~
~,*1J--~
,
1982 by a vote
of
~~--~:-
c,~
‘1
~
1
Christan
L. Mo!~tt, Clerk
Illinois Pollutf~ônControl Board
50-05