1. OFFICE OF
    2. C~UH~
      1. PRAYER FOR RELIEF
      2. CERTIFICATE OF SERVICE
OFFICE
OF
p
r\
~i
//1\
~
STATE
OF
ILLINOIS
Jim
Ryan
API()RN FY
(;EN ERAI
Dorothy
Gunn, Clerk
Illinois Pollution
Control
Board
100
West Randolph
Street
Suite
11-500
Chicago,
Illinois 60601-3286
March 23, 1999
Re:
People v. Peabody Coal Company
Dear Clerk Gunn:
Enclosed for filing please find
the original and ten copies of a
NOTICE
OF FILING and
COMPLAINT
in
regard
to the above captioned
matter.
Please file
the original
and
return a
file-stamped
copy to our office
in the enclosed
self-addressed stamped envelope.
Thank you
for your cooperation
and
consideration.
Sincerely,
—
/1/
~7s~
“Jane
E.
McBride
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
500 Sooth Snow!
Street,
Springfield,
Illinois
62706
(217)
782—1091)
.
flY:
(217)
785—2771
.
FAX:
(217)
782-7046
100
West
RanrItipli
Sired,
Chicago,
Illinois
60601
(712)
814—7000
.
flY:
(312)
814—3374
FAX:
(312) 811-380(1
10(11
East
Main,
Carbonrlale, Illinois
(1290!
((118)
529—11401)
.
FlY:
(118)
529—6403
FAX:
(4118)
529—641(1
RECEIVED
C!FPK’S
flFF!rF
MAR
2
5
1999
STATE
OF
ILLINOIS
THE
ATrFORNEY
GENERALPOIIUtIOn
Control Board
JEM/bd
Enclosures
RECEIVED
C!
r~g’c
OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
MAR
2
5
1999
PEOPLE OF THE
STATE OF ILLINOIS,
)
SLATE OF ILLINOIS
Complainant,
)
Pollution
Control Board
v.
)
PCBNO.
9C1
tij
)
)
PEABODY
COAL COMPANY, a Delaware
corporation,
Respondent.
NOTICE OF FILING
To:
David
R.
Joest,
Esq.
Peabody Coal Company
1951
Barrett
Court
P.O.
Box
1990
Henderson,
Kentucky 42420-1 990
PLEASE TAKE NOTICE that on this date
I
mailed
for filing with the Clerk of the
Pollution
Control
Board
of the
State of Illinois,
COMPLAINT,
a copy
of which
is attached
hereto and
herewith served
upon you.
FURTHER,
please take notice that financing may be available,
through the
Illinois
Environmental Facilities
Financing Act,
20
ILCS
351 5/1
(1994), to correct the pollution alleged
in the complaint filed
in this case.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
JAMES
E.
RYAN
ATTORNEYGENERAL
MATTHEW J. DUNN, Chief
Environmental Enforcement Division
BY:
t7?—..~0
.xy ~
,.—CJANE
E.
MC BRIDE
Environmental Bureau
Assistant Attorney General
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:__________
peabodni
/
RECEIVED
CI
FRK’S
OFFICE
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARDMAR
2
5
1999
PEOPLE OF THE STATE
OF ILLINOIS,
)
p~Tgo~Y~rd
Complainant,
)
)
PCBNO.
v.
)
(Enforcement)
PEABODY COAL COMPANY,
a Delaware corporation
Respondent.
)
COMPLAINT
Complainant, PEOPLE
OF THE STATE OF
ILLINOIS,
by JAMES
E.
RYAN, Attorney
General of the
State
of Illinois
complains of Respondent PEABODY COAL COMPANY,
as
follows:
COUNT
I
WATER POLLUTION
VIOLATIONS
1.
This Complaint is brought by the Attorney General
on his
own
motion and at the
request of the Illinois Environmental Protection Agency (“Illinois
EPA”), pursuant to the terms
and
provisions of Section
31
of the
Illinois
Environmental
Protection Act
(“the Act”),
415
ILCS
5/31
(1998).
2.
The Illinois
EPA is an agency
of the
State of Illinois created
by
the Illinois
General Assembly
in
Section 4 of the Act, 415
ILCS 5/4 (1998),
and
charged,
inter a/ia,
with
the
duty of enforcing the Act
in
proceedings before the Illinois
Pollution
Control Board
(“Board”).
3.
This Complaint
is brought pursuant to
Section
31
of the Act, 415
ILCS
5/31
(1998),
after providing the Respondent with
notice
and the opportunity for a meeting with the
Illinois
EPA.
4.
The Respondent,
Peabody Coal Company (‘Peabody”),
is and was at all times
relevant to this Complaint,
a Delaware corporation
in good
standing
and authorized to do
1
business
in the State
of Illinois.
Its
registered agent
is CT Corporation
System,
208 South
LaSalle
Street,
Chicago,
IL
60604-1135.
5.
The Peabody
Coal Eagle
No.
2 mine
site
(“Eagle
No.
2”) is
located
in
Gallatin
County,
Illinois.
Its
main offices are
located
at the Peabody Coal Company, Midwest
Business
Unit,
1100
State
Route
175 South,
Graham, Kentucky 42344.
Peabody
is a subsidiary of the
Peabody
Holding Company,
Inc.
of St.
Louis,
Missouri.
Eagle
No.
2
was operated
as an
underground
coal
mining
facility under a permit
issued
by the Office of Mines
and Minerals
of
the
Illinois
Department of Natural
Resources from
1968 until
July
1993.
Eagle No
2
is located
on
a 250 acre
tract of land,
approximately one
mile northwest of Shawneetown, Illinois at
the
base of the west side of the Shawneetown
Hills.
The surface
portion of
Eagle No.
2
is located
in Sections
15, 16,21
and
22 of Township 9
South,
Range 9
East,
Gallatin County.
6.
Eagle No.
2
is located at
the eastern
edge of the
Henry Aquifer, one of the few
Class
1
groundwater resources
in southern
Illinois.
The Saline Valley Conservancy
District
(“SVCD”) public water
supply is located
to the southwest and
hydraulically down-gradient from
Eagle No.
2.
7.
The SVCD public water supply provides water for
17 communities and water
supplies
located
in four counties serving
a total of 27,814 people.
The well field
consists of five
wells.
Wells
1
and
3 were constructed
in
1982,
Well 4 was constructed
in
1991,
and Wells
was
constructed
in
1996.
8.
The above-ground
operations of Eagle
No.
2 included
coal
processing and
refuse
disposal.
From 1978 until
1993,
Peabody constructed and operated
the
coal preparation
plant and
six coal
refuse disposal areas.
Peabody disposed of approximately
12.76
million tons
of coarse
coal
mine waste,
coal
slurry waste,
and
other related wastes
in the six coal refuse
disposal areas at
Eagle No.
2.
Upon information
and
belief,
the six refuse
disposal areas were
constructed without
barriers at or below
the water table within the saturated
groundwater zone
2
of
the Henry Aquifer.
Upon information
and
belief,
according to Peabody’s
accounts, coal
refuse was disposed
in trenches which were excavated
20 to 25 feet below the surface.
The
coal mine refuse,
and
other related wastes
at Eagle
No.
2 contain
such
inorganic chemicals,
including,
but not limited to:
chlorides,
manganese,
total dissolved
solids,
sulfates,
and
iron,
which have
leached from the mine
refuse at Eagle
No.
2 into the groundwater on-site and have
migrated off-site of Eagle
No.
2.
9.
Inorganic chemicals from
Eagle
No.
2 have
contaminated the groundwater on-
site and
off-site of Eagle
No.
2
and threaten
the SVCD well fields.
The water quality
is
deteriorating at the SVCD Wells
1,2,
3,
and
especially at SVCD Well
5.
SVCD Wells
1,
2,
and
3
are experiencing
significant increases of sulfate
and
chloride
in the waters drawn from each
well.
In
SVCD Well
5, the well closest to
Eagle
No.
2, the sulfate
concentration
has
increased
as follows:
Concentration Milligrams Per Liter (mg/I)
July 1996
48.9
June1997
118
May1998
141
March 1999
167
The U.S.
Environmental Protection Agency’s Secondary
Maximum Contaminant Level for
sulfate
is 250
mg/I.
10.
Section 620.505 of the
Board’s Groundwater Quality Standards (“GQS”), 35
Ill.
Adm.
Code 620.505
(1997),
in
pertinent
part,
establishes the groundwater compliance
determination
location for coal
mine refuse disposal
areas, as follows:
Compliance Determination
a)
3)
For groundwater which underlies
a coal
mine
refuse disposal area,
a coal
combustion
disposal area,
or an
impoundment that contains sludge,
slurry,
or precipitated
process material at a
coal preparation
plant, the
outermost edge as
specified
in Section 620.240(f)(1) or location of
monitoring wells in
existence as of the date of this part on
a permitted
site.
3
11.
Under Sections 620.450(b)(4) and
(b)(5) of the Board’s GQS,
35
III. Adm. Code
620.450(b)(4),
(b)(5)
(1997), the
coal
refuse disposal areas are subject
to the following
standards as groundwater quality standards for respective disposal
areas:
Alternative Groundwater Quality
Standards
b)
Coal Reclamation
Groundwater Quality
Standards
4)
A refuse disposal
area (not
contained within the area from which
overburden
has
been
removed)
is subject
to the
inorganic
chemical constituent and
pH
requirements
of:
A)
35
III.
Adm. Code 302.Subparts
B and
C 35
III. Adm.
Code
302.304,
except due to
natural causes, for such area
that
was placed
into
operation after February
1,
1983,
and
before the effective date
of this
Part November
25,
1991,
provided that the groundwater is a present or a
potential
source of water for
public or food
processing;
B)
Section 620.440(c)
35
III.
Adm.
Code 620.440(c)
for such
area that was placed
into operation
prior to
February
1,
1983,
and
has remained
in continuous
operation since
that
date; or
C)
Subpart D 35
III. Adm. Code 620.41 0
for such area that is
placed
into operation on
or after the effective date of this
Part November
25, 1991.
5)
For a refuse disposal area (not contained within the area from
which overburden
has
been removed) that was placed
into
operation
prior to February
1,
1983,
and
is modified
after that date
to include
additional area, this Section
applies
to the area that
meets the requirements of subsection
(b)(4)(C) and the following
applies
to the additional
area:
A)
35
III.
Adm.
Code 302.Subparts B and
C 35
III.
Adm.
Code
302.304,
except due to
natural causes,
for additional
refuse disposal
area that was placed
into operation
after
February
1,
1983,
and
before the effective date of this
Part
November
25,
1991,
provided
that the groundwater is
a
present or a
potential
source
of water for public or food
processing;
and
4
B)
Subpart D 35
III. Adm. Code 620.410
forsuch
additional
area that was placed into operation on or after the
effective date of this Part November
25, 1991.
12.
Upon information and belief, the pertinent dates of operation, the monitoring wells
within the outermostedge, and the applicable groundwater
quality standards for each
refuse
disposal area at Eagle No. 2 are listed below.
Uriitioca1i~n
Dates of Operation
Applicable Regulation
A.
Slurry No. 1(1A)
Slurry Disposal Area
July 1991-1993
302.304
Refuse
Disposal
Area
1988-1993
Monitoring Wells Within
Outermost Edge:
GW-9 &
MW-7
B.
Slurry
No.
2
Slurry
Disposal Area
1978-1985
620.440(c)
C.
Refuse
No.
3
Slurry Disposal Area
1985-1 989
302.304
Refuse
Disposal
Area
1990-1 993
Monitoring Wells Within
Outermost Edge:
GW-4,
GW-6,
& MW-i?
D.
Slurry No.
5
(West Refuse Area)
Slurry
Disposal Area
1987-1 991
302.304
Refuse
Disposal Area
1984-1 987
Monitoring Wells Within
Outermost Edge:
GW-11,
MW-14,
MW-18,
MW-23,
MW-24 &
MW-25
E.
South 40 Refuse
Area)
Slurry
Disposal Area
Refuse
Disposal Area
1978-1984
620.440(c)
F.
New
South
Refuse Area
(South
Ends of Slurry Al
and AS)
Slurry
Disposal Area
Refuse
Disposal Area
1991-1 992
302.304
13.
Section
302.304 of the Board’s Subtitle
C: Water
Pollution
regulations,
35
III.
Adm.
Code 302.304 (1997),
provide,
in
pertinent part,
as follows:
5
The following
levels of chemical
constituents shall not
be exceeded:
CONCENTRATION
STORET
CONSTITUENT
NUMBER
Chloride
00940
250.
Iron (dissolved)
01046
0.3
Manganese
(total)
01055
0.15
Sulfates
00945
250.
Total
Dissolved
Solids
70300
500.
14.
Section
620.201(a) of the Board’s GQS,
35111.
Adm.
Code 620.201(a)
(1997),
establishes four classes
of groundwater.
Section 620.201 (a)(1) of the Board’s GQS,
35
III.
Adm.
Code
620.201
(1997),
provides for Class
I:
Potable Resource
Groundwater.
Section
620.210 of the Board’s
GQS,
35
Ill.
Adm.
Code 620.210 (1997),
provides
in
pertinent part:
Section 620.210
Class
I:
Potable Resource
Groundwater
Except as
provided
in Sections 620.230, 620.240, or 620.250, Potable Resource
Groundwater
is:
a)
Groundwater located
10 feet or more below the
land surface and within:
*
*
*
2)
Unconsolidated
sand,
gravel or sand
and gravel which
is
5 feet or more in
thickness and that contains
12
percent or less
of fines (i.e.
fines which
pass through a
No. 200
sieve tested according
to
ASTM
Standard
Practice
D2488-84,
incorporated
by reference at
Section 620.125);
*
*
*
4) Any geologic material which is capable of a:
A)
Sustained groundwater yield, from
up
to a
12 inch
borehole,
of 150
gallons per day or more from
a thickness of
15 feet or less; or
B)
Hydraulic conductivity of
1
x
10-4 cm/sec
or greater using
one of the
following test
methods or
its equivalent:
i)
Permeameter;
H)
Slug
test; or
Hi)
Pump
test.
15.
The groundwater not located within the outermost edge of the
coal refuse
6
disposal areas and the coal preparation plant at Eagle No. 2 and extending off-site to areas
including the SVCD well fields
is a Class
I, Potable Resource Groundwater as that term is
defined in Section 620.210 of the Board’s GQS, 35
III. Adm. Code 620.210 (1997), and is
subject
to the Class
I,
Potable Resource Groundwater Quality Standards of Section
620.41 0(a)
of the Board’s
GQS, 35
III.
Adm.
Code 620.410(a)
(1997).
16.
Section
620.410(a) of the Board’s GQS,
35111. Adm.
Code 620.410
(1997),
in
pertinent part,
provides Class
I:
Inorganic Chemical
Constituents, as follows:
Groundwater Quality Standards for
Class
I:
Potable Resource
Groundwater
a)
Inorganic Chemical
Constituents (Pertinent Parts)
Except due
to natural causes
or as
provided
in
Section 620.450, concentrations
of the
following
chemical constituents
must not
be exceeded
in
Class
I
groundwater:
CONSTITUENT
UNITS
STANDARD
Chloride
mg/I
200.
Iron (dissolved)
mg/I
5
Manganese
(total)
mg/I
0.15
Sulfate
mg/I
400.
Total
Dissolved
Solids
mg/I
1200.
17.
The groundwater monitoring wells which
are not located within the outermost
edge
as
specified
in
Section 620.240(f)(1) of the Board’s GQS of the
coal refuse
disposal areas
or the
coal preparation
plant of Eagle
No.
2 and
subject
to Class
I:
Potable Resource
Groundwater standards for inorganic chemical constituents are as follows:
GW-13,
GW-14,
GW-15,
GW-16,
GW-17, GW-l8,
GW-19,
GW-20,
GW-26, MW-i,
MW-2,
MW-3,
MW-4,
MW-9, MW-lU, MW-19,
&
MW-21
18.
The following sampling
results from
the monitoring wells at
Eagle No.
2
referenced
in
paragraphs
12
and
17
indicate exceedences of groundwater quality and water
quality standards:
7
GROUNDWATER and WATER QUALITY
SAMPLE RESULTS AT
EAGLE NO.
2
All
Results and
Applicable Standards are
Milligrams Per Liter (“mg/I”)
GW-4, which
is
located in
the northwest quadrant of Refuse
no.
3,
was drilled
on
11/08/94,
penetrates coarse refuse
to
a 24.5 foot depth.
GW-4
has a depth
of 37 feet and
is screened
from 32 to
37 feet.
GW-4 was
last sampled on
06/22/95.
The monitoring well
has
not been
abandoned as of the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 III. Mm.
Code 302304
250
0.15
500
250
0.3
12/13/94
0.95
1130
392
1.74
12/28/94
0.71
1295
558
3.22
01/10/95
0.58
1330
516
2.43
01/24/95
0.78
1405
593
2.61
02/08/95
0.55
1595
572
3.27
02/21/95
0.72
1475
533
2.31
03/07/95
0.45
1380
551
1.26
03/23/95
0.39
1295
532
1.45
04/04/95
0.30
1295
490
2.62
04/18/95
0.39
1340
468
05/03/95
0.34
1360
513
1.65
05/16/95
0.37
1340
525
1.86
06/22/95
0.31
1345
427
GW-6 is located within the southwest quadrant of Refuse no. 3, was drilled on 11/08/94,
penetrates coarse refuse to 34 feet. GW-6 has a depth of42 feet and is screened from 37 to
42 feet. GW-6was last sampled on 06/22/95. The monitoring well has not been abandoned
as of the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
lIt. Adrn.
Code 302.304
250
0.15
500
250
0.3
12/13/94
446.3
2.74
7645
4021
8
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
12/28/94
509.5
2.97
7760
4031
01/10/95
1004.4
2.76
7830
3950
01/24/95
476.5
2.70
7445
3358
02/08/95
421.4
2.74
7395
3661
04/04/95
387.7
2.34
6950
4082
0.62
04/18/95
205.9
2.60
6400
3703
05/03/95
251.4
2.27
6160
3263
05/16/95
303.3
2.38
6415
3613
06/22/95
292.7
2.51
5885
2747
GW-9 is located within the inside toe of the Slurry no. 1A east berm, was drilled on 11/07/94,
penetrates coarse refuse to 39 feet, has a depth of 55 feet, and is screened from 47.5 to 52.5
feetdeep. GW-9was last sampled on 06/22/95. The monitoring well has not been abandoned
as of the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 III. Mm.
Code 302.304
250
0.15
500
250
0.3
12/13/94
1.93
3380
11.70
12/28/94
1.96
3230
1872
11.00
01/10/95
1.58
3340
1916
11.20
01/24/95
1.36
3270
1403
15.20
02/08/95
1.48
3430
1825
19.20
02/21/95
1.60
3615
2022
19.00
03/07/95
1.79
3485
1902
15.80
03/23/95
1.54
3130
1905
10.40
04/04/95
1.72
3160
1905
7.20
04/18/95
1.93
3240
1763
4.39
05/03/95
2.28
2930
1631
3.41
05/16/95
3.19
2835
1555
3.55
06/22/95
3.33
2845
1295
1.08
9
Parameter
(
Chloride
Manganese
TDS
Sulfate
Iron
GW-11
is located approximately within the Slurry no. 5 east berm, was drilled on 11/07/94,
penetrates coarse refuse from surface to 14 feet, coal slurry from 14 to 28 feet, and coarse
refuse from 28 to feet deep to 53, has a depth of 60 feet, and is screened from 53 to 58 feet
deep. GW-i 1 was last sampled on 06/22/95. The monitoring well has not been abandoned
as of the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
III. Adn.
Code 302.304
250
0.15
500
250
0.3
12/13/94
0.58
1260
639
1.60
12/28/94
0.74
1590
808
4.83
01/10/95
0.77
1820
884
4.98
01/24/95
0.94
2755
1209
21.10
02/08/95
0.93
2345
1120
13.50
02/21/95
0.89
3110
1452
23.00
03/07/95
0.99
2905
1119
15.00
03/23/95
1.18
3200
1735
8.60
04/04/95
0.94
3005
1610
7.20
04/18/95
1.04
2750
1573
05/03/95
0.92
3805
2076
15.80
05/16/95
0.94
3755
2017
22.70
06/22/95
270.1
0.78
3710
1147
18.00
GW-13 is
approximately 50 feet outside of the northwest corner of Slurry
No.
2 berm,
was
drilled on 11/16/94, has a depth of 51.5 feet, and is screened from43.5 to 48.5 feet deep.
GW-l3was last sampled on 03/23/95. The monitoring well has not been abandoned as of the
date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111.
Mm.
Code 620.410(a)
200
0.15
1200
400
5.0
03/23/95
0.22
10
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
GW-14
is approximately 200 feet outside of the westside of the Slurry no. 2 berm, was drilled
on 11/16/94, has a depth of 51.5
feet, and is screened from 44.3 to 49.3 feet deep. GW-14
was last sampled on 03/23/95. Peabodyhas plugged and abandoned this monitoring well
before the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111
Adm.
Code 620.410(a)
200
0.15
1200
400
5.0
02/21/95
0.22
03/07/95
0.20
03/23/95
0.18
GW-15 is located approximately 200 feetwest of the Refuse no. 3 west berm, was drilled on
11/17/94, has a depth of 51.5 feet, and is screened from 44.3 to 49.3 feet. GW-15 was last
sampled on 03/23/95. Peabody has plugged and abandoned this monitoring well before the
date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 ILl. Mm. Code 620.410(a)
200
0.15
1200
400
5.0
12/13/94
2.08
1380
12/28/94
1.45
1480
705
01/10/95
1.71
1525
711
01/24/95
1.90
1480
683
02/08/95
2.03
1635
680
02/21/95
1.63
1715
726
03/07/95
1.54
1650
717
03/23/95
1.50
1485
716
GW-16 is located
approximately 200 feet northeast of the Slurry
no.1-A north
berm,
was
drilled on
11/17/94,
has a depth of 20.5
feet,
and is screened from 14.8
to
19.8 feet deep.
GW-16
was last sampled
on 03/23/95.
Peabody has
plugged
and
abandoned this monitoring
well before the date of the filing
of the complaint.
Parameter
J
Chloride
j
Manganese
TDS
Sulfate
Iron
11
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111.
Adm. Code
62O.410(a)
200
0.15
1200
400
5.0
02/21/95
0.99
1235
467
03/07/95
1.21
1270
489
03/23/95
1.29
1225
532
GW-17
is
located approximately 400 feet north of the Slurry no. 1-A north
berm, was drilled
on
11/18/94,
has a depth
of 51.5 feet,
and
is screened from
44.8 to 49.8 feet deep.
GW-17 was
last sampled
on 03/23/95.
Peabody has
plugged
and
abandoned this monitoring well
before
the date
of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
III. Mm.
Code 62O.440(a)
200
0.15
1200
400
5.0
02/21/95
0.46
1250
437
03/07/95
0.45
405
03/23/95
0.39
405
GW-18
is located approximately 700 feet north of the Slurry
no.
5 berm, was drilled
on
11/18/94,
has a
depth of 50 feet, and
is screened from 45
to 50 feet.
GW-1 8 was
last sampled
on
03/23/95.
Peabody has
plugged
and abandoned
this monitoring well before the date of the
filing
of
the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 ILl. Mm,
Code 62O.410(a)
200
0.15
1200
400
5.0
12/14/94
1.42
1295
528
12/28/94
1.86
1295
536
01/10/95
1.86
1340
559
01/24/95
1.93
1375
613
02/08/95
2.05
1685
673
02/21/95
1.95
1550
615
03/07/95
1.94
1540
627
12
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
03/23/95
1.86
1430
635
GW-19
is located approximately 850 feet north
of the Slurry
no.
5 berm, was drilled
on
11/19/94, has a depth of 50 feet, and is screened from 45 to 50 feet. GW-19 was last
sampled on 03/23/95. Peabody has plugged and abandoned this monitoring well before the
date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 IlL. Mm. Code
620.410(a)
200
0.15
1200
400
5.0
02/21/95
0.53
03/07/95
0.43
03/23/95
0.49
GW-20 is located
approximately 700 feet north of the Slurry
no.
5
berm, was drilled
on
11/18/94, has a depth of 50 feet, and is screened from 45 to 50 feet. GW-20 was last sampled
on 03/23/95. Peabody has plugged and abandoned this monitoring well before the date ofthe
filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 ILl.
Adm. Code 620410(a)
200
0.15
1200
400
5.0
12/28/94
0.20
01/10/95
0.21
01/24/95
0.24
02/08/95
0.31
02/21/95
0.18
03/07/95
0.16
03/23/95
0.22
GW-26
is located greater than
50
feet south of the South 40 refuse
area (south
of the
south
borrow area), was drilled on 11/14/94, has a depth of 50 feet and is screened from 45 to 50
feet deep. GW-26 was last sampled on 06/22/95. The monitoring well has not been
abandoned as of the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
13
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
ILl. Mm. Code
620.410(a)
200
0.15
1200
400
5.0
12/13/94
0.26
12/28/94
0.31
01/10/95
0.29
01/24/95
0.40
02/08/95
0.40
02/21/95
0.42
03/07/95
0.45
03/23/95
0.43
04/04/95
0.29
04/18/95
0.40
05/03/95
0.39
05/16/95
0.38
06/22/95
0.42
MW-I
is located approximately 22 feet west of the Refuse no.
3 west berm,
was drilled on
06/26/80, has a depth of40 feet, and is screened from lOto 40 feet. However, MW-i was
sampled previous to the operation of Refuse no. 3, and therefore would be located south of
Slurry No. 2 when
it operated from 1978 to 1985. MW-i
is located over 25 feet horizontally
from the Slurry No. 2 impoundment toe. MW-i was lastsampled on 06/27/84. Peabody has
plugged
and
abandoned this monitoring
well before the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111.
Adm.
Code 620.410(aI
200
0.15
1200
400
5.0
08/22/80
0.43
416
09/i9/80
0.24
10/15/80
0.33
12/09/80
0.28
03/17/81
0.37
14
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
05/20/81
0.27
420
07/21/81
0.25
430
03/30/82
0.25
404
05/04/82
0.37
423
07/27/82
0.19
401
12/16/82
0.19
03/18/83
0.17
06/14/83
0.23
09/30/83
0.18
12/21/83
0.22
03/21/84
0.6
06/27/84
0.23
MW-2 is approximately 47 feet outside of the
northwest corner of the
Slurry no.
2 berm,
was
drilled on
03/10/87,
has
a depth of 50 feet,
and
is screened from 40 to
50 feet deep.
MW-2
was last sampled on 06/22/96. The monitoring well has not been abandoned as of the date of
the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
IlL. Adm.
Code 620.410(aI
200
0.15
1200
400
5.0
03/09/84
0.16
06/22/95
0.61
07/20/95
0.88
644
09/19/95
0.68
10/17/95
0.60
11/14/95
0.54
01/16/96
0.31
04/18/96
0.48
07/31/96
0.83
10/16/96
0.86
15
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
MW-3 is approximately
1,000 feet outside of the
northeast corner of the Slurry
no.
2 berm,
was drilled on 07/03/80, has a depth of 53 feet, and is screened from 20 to 50 feet deep.
MW-3was last sampledon 10/16/96. The monitoring well has not been abandoned as of the
date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 ILl. Mm. Code 620.410(a)
200
0.15
1200
400
5.0
04/18/95
36.40
05/03/95
12.40
05/16/95
9.30
08/18/95
5.45
09/19/95
5.87
10/17/95
8.60
11/14/95
7.10
01/16/96
22.60
07/31/96
7.40
10/16/96
9.00
MW-4 is located approximately 200 feet west of the Slurry no. 5 west berm, was drilled on
07/07/80, has a depth of 50 feet, and is screened from 20 to 50 feet. MW-4 was last sampled
on 8/29/94. Peabody has plugged and abandoned this monitoring well before the date of the
filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111.
Adm.
Code 620.410(a)
200
0.15
1200
400
5.0
03/21/84
0.7
04/27/84
0.63
05/31/84
0.64
06/27/84
0.7
07/31/84
0.86
08/29/84
0.59
16
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
MW-7 is located within the northeast corner of the Slurry no. 1A berm,was drilled on
03/16/87,
penetrates coarse
refuse to 25 feet,
has
a depth of 50 feet,
and
is screened from 40
to 50 feet deep. MW-7was lastsampled on 10/16/96. The monitoring well has not been
abandoned as of the date of the filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111. Mm.
Code 302,304)
250
0.15
500
250
0.3
04/04/95
835
317
04/i8/95
865
329
05/03/95
1025
332
05/16/95
830
330
06/22/95
975
272
07/31/96
437
10/16/96
423
MW-9 is located 50 feetfrom the northwest corner of the Slurry no. 1A berm, was drilled on
06/13/80, has a depth of 132 feet, and is screened from 119 to 131 feet deep.
Figure 3-5A of
Cross Section B of the Plans and
Specifications of the PCC Site Characterization
Report and
the Corrective Action Plan locates MW-9 beyond the 302.304 compliance point from Slurry no.
1A. MW-9was lastsampled on 10/18/98. Peabody continues to sample this monitoring well
quarterly. The violations of the last three sampling dates were added per the Attorney
General’s Request, dated 09/18/98.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
ILl. Adrii.
Code 620.410(a)
200
0.15
1200
400
5.0
12/21/83
1325
478
01/31/84
1230
503
02/24/84
476
03/21/84
1208
475
04/27/84
1235
495
05/31/84
1240
466
06/27/84
1260
480
17
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
07/31/84
1210
480
08/29/84
1235
475
05/19/94
0.46
1800
855
08/16/94
0.51
1870
876
11/15/94
0.46
1685
797
12/13/94
0.44
1660
797
12/28/94
0.49
1690
778
01/10/95
0.47
1750
812
01/24/95
0.44
1660
717
02/08/95
0.45
2110
738
02/21/95
0.43
1760
770
03/07/95
0.45
1815
745
03/23/95
0.42
1728
821
04/04/95
0.35
1700
809
04/18/95
0.49
1820
839
05/03/95
0.41
2085
713
05/16/95
0.27
483
06/22/95
0.46
1755
642
07/20/95
0.54
1855
849
08/18/95
1950
865
09/19/95
0.56
1915
865
10/17/95
249
0.55
1905
819
11/14/95
0.58
1860
946
12/12/95
0.53
1865
861
01/16/96
0.50
1815
606
04/18/96
0.47
1765
820
07/31/96
0.53
1935
771
10/16/96
0.56
1845
861
18
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
05/21/97
0.45
1835
819
07/31/97
0.58
1855
875
12/12/97
0.58
1815
764
02/25/98
0.53
1615
742
05/14/98
0.54
1720
776
08/26/98
0.55
1750
797
iO/18/98
0.55
1635
752
MW-b
is located greater than 50 feetwest of the South 40 refuse area (Southwest corner of
the south borrow area), was drilled on 10/03/83, has a depth of 50 feet and is screened from
30 to 50 feetdeep. MW-b
was last sampled on 10/18/98. Peabody continues to sample this
monitoring well quarterly.
The violations of the last
two
sampling dates were added per the
Attorney General’s Request, dated 09/18/98.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111.
Adm. Code
620.410(a)
200
0.15
1200
400
5.0
12/22/83
2.12
01/31/84
1.09
02/24/84
0.59
03/21/84
0.36
04/27/84
0.32
07/31/84
0.16
07/20/95
0.16
09/19/95
0.43
10/16/96
0.54
02/25/98
0.16
08/26/98
0.30
10/18/98
5.43
19
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
MW-14 is located 14 feet from the Slurry no. 5 west berm, was drilled on 09/13/84, has a
depth of 100 feet, and is screened from 60 to 100 feet deep. MW-14 was last sampled on
10/18/98. Peabody continues to sample this monitoring well quarterly.
The violations
of the
last three sampling dates were added per theAttorney General’s Request, dated 09/18/98.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111. 4dm.
Code
302,304)
250
0.15
500
250
0.3
04/26/89
670
05/25/89
670
06/26/89
740
01/24/92
2220
1065
02/25/92
2265
1108
03/26/92
2310
1176
04/23/92
2715
1232
05/23/92
2835
1087
06/23/92
2240
1090
10/28/92
1952
991
12/15/92
1910
912
01/26/93
2100
970
02/03/93
2160
1033
03/23/93
2180
1116
04/23/93
1945
972
05/25/93
2108
921
06/22/93
2515
931
07/30/93
2108
977
08/27/93
2004
917
09/21/93
0.27
1924
922
8.90
10/25/93
1836
835
11/22/93
1990
878
20
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
12/29/93
0.27
1605
685
11.60
01/24/94
1880
850
02/23/94
1865
829
03/24/94
0.40
1795
874
6.28
05/19/94
0.39
1715
775
8.40
08/16/94
0.42
1730
739
7.80
11/15/94
0.41
1690
784
9.10
12/13/94
0.42
1760
832
9.10
12/28/94
0.31
1585
734
12.60
01/10/95
0.33
1685
768
8.30
01/24/95
0.36
1570
683
14.20
02/08/95
0.30
1460
594
32.80
02/21/95
0.31
1595
674
23.90
03/07/95
0.27
1540
599
24.10
03/23/95
0.18
1232
514
13.10
04/04/95
0.16
1215
484
20.20
04/18/95
0.19
1180
432
11.50
05/03/95
0.21
1265
339
13.50
05/16/95
0.19
990
371
15.70
06/22/95
0.21
1025
354
12.70
07/20/95
0.22
910
288
12.10
08/18/95
1045
373
10.30
09/19/95
0.20
945
316
10.50
10/17/95
0.20
975
331
14.80
11/14/95
0.21
1055
383
9.50
12/12/95
0.19
1180
432
8.50
01/16/96
0.18
1210
572
9.50
04/18/96
0.19
1215
493
14.10
21
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
07/31/96
0.27
1030
393
9.90
10/16/96
0.31
1575
734
10.30
05/01/97
0.27
19.30
07/31/97
1.15
1180
539
17.50
12/12/97
0.80
2305
997
8.06
02/25/98
0.88
2245
1053
17.40
05/14/98
0.85
2320
1037
18.60
08/26/98
0.73
2345
994
21.30
10/18/98
0.73
2260
1085
19.90
MW-17
is located approximately 21 feet west of the Refuse no. 3 west berm, was drilled on
01/25/85, has a depth of 50 feet, and is screened from 20 to 50 feet. MW-i7 was last
sampled on 10/18/98. Peabody continues to sample this monitoring well quarterly. The
violations of the last three sampling
dates were added
per the Attorney General’s
Request,
dated
09/18/98.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 ILl. 4dm.
Code 302.304
250
0.15
500
250
0.3
06/26/89
970
0.58
03/26/92
1295
511
06/23/92
1350
273
12/15/92
1305
556
03/23/93
1630
692
06/22/93
2105
642
09/14/93
0.68
1620
706
4.72
12/29/93
0.20
1205
415
2.78
03/24/94
0.33
1340
556
2.69
05/19/94
0.97
1450
577
1.98
08/16/94
0.45
785
4.08
11/15/94
0.30
680
1.23
22
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
02/09/95
790
.96
04/04/95
830
0.41
04/18/95
888
1.13
05/03/95
900
0.65
05/16/95
0.35
670
0.84
06/22/95
0.62
680
0.34
07/20/95
0.43
625
0.53
07/31/95
0.63
08/18/95
635
8.30
09/19/95
0.68
635
10/17/95
0.34
590
11/14/95
0.29
625
12/12/95
620
01/16/96
620
03/18/96
615
0.98
07/31/96
0.63
505
2.33
10/16/96
0.72
530
1.22
07/31/97
0.36
05/14/98
0.30
1.34
08/26/98
0.27
3.4
10/18/98
0.27
5.15
MW-I 8 is located
approximately
17 feet west of the central part of Slurry
no. 5 berm, was
drilled on 01/30/85, has a depth of 50 feet, and is screened from 20 to 50 feetdeep. MW-18
was last sampled on 10/18/98. Peabody continues to sample this monitoring well quarterly.
The violations of the last three sampling
dates
were added
per the Attorney General’s
Request, dated 09/18/98.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35111.4dm.
Code 302.304
250
0.15
500
250
0.3
23
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
04/26/89
1220
468
05/25/89
1225
531
06/26/89
1275
532
3.31
01/24/92
1485
710
02/25/92
1635
776
03/26/92
1680
859
04/23/92
2160
859
05/29/92
2165
839
06/23/92
1835
794
1.15
10/28/92
1908
920
12/15/92
2335
933
01/26/93
1820
818
02/03/93
1560
693
03/23/93
1390
592
0.52
04/27/93
1400
645
05/25/93
1476
631
06/22/93
2310
833
07/30/93
2068
971
08/27/93
2020
929
09/21/93
0.34
2004
956
11.0
10/25/93
1492
630
11/22/93
1740
712
12/29/93
0.37
1725
769
12.4
01/24/94
2010
915
02/23/94
2010
1004
03/24/94
0.53
2210
1129
8.28
05/19/94
0.49
1940
935
10.70
08/16/94
0.56
2170
1029
9.80
24
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
11/15/94
0.32
1350
582
5.69
02/09/95
1.90
2060
981
11.00
05/16/95
2.30
2470
1239
5.26
08/04/95
2.30
2205
1110
3.06
11/28/95
1.18
1730
970
16.60
02/07/96
1.04
1656
906
103
05/14/96
0.92
1250
591
60.0
08/20/96
1.06
1405
847
0.69
11/19/96
1.04
1400
646
27.10
05/01/97
0.74
1240
611
1.07
07/31/97
‘
1.07
1135
608
10.10
12/12/97
0.99
1875
845
8.84
02/25/98
0.86
1580
796
12.30
05/14/98
0.80
1435
744
27.10
08/26/98
0.83
1544
771
1.94
10/18/98
0.85
1795
930
0.85
MW-b9 is on the west side of the Slurry no.
5 west berm, was drilled on 09/06/86,
has a depth
of 135
feet, and
is screened
from 80 to
135
feet.
MW-19 was last sampled
on
10/18/98.
Peabody continues to
sample this monitoring well quarterly.
The violations
of the last three
sampling
dates were added
per the Attorney General’s Request,
dated
09/18/98.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 III. 4dm.
Code 620.410(a)
200
0.15
1200
400
5.0
03/23/94
0.50
1705
776
6.88
04/19/94
1715
787
05/19/94
0.53
1795
868
6.10
08/b 6/94
0.56
1815
853
6.50
11/15/94
0.57
1790
863
7.50
12/13/94
0.58
1895
900
7.40
25
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
12/28/94
0.57
1855
852
7.30
01/10/95
0.59
1925
884
6.90
01/24/95
0.56
1880
863
6.90
02/08/95
0.56
1985
839
6.90
02/21/95
0.55
2000
904
7.00
03/07/95
0.58
1995
863
7.20
03/23/95
0.51
1876
934
7.00
04/04/95
0.29
1800
922
04/18/95
0.58
1924
883
6.27
05/03/95
0.54
2345
847
5.87
05/i 6/95
0.50
1875
882
6.50
06/22/95
0.55
1880
719
6.70
07/20/95
0.59
1920
849
6.30
08/18/95
1960
942
8.00
09/19/95
0.61
1945
928
6.90
10/17/95
0.62
1985
882
6.50
11/14/95
0.63
1925
1014
10.00
12/12/95
0.62
2040
969
7.10
01/16/96
0.59
1950
990
7.20
04/18/96
0.59
1970
991
7.10
07/31/96
0.64
2080
961
7.40
10/16/96
0.68
2100
1029
12.20
05/01/97
0.62
2010
959
9.90
07/31/97
0.66
1940
952
10.50
12/12/97
0.58
1915
782
7.57
02/25/98
0.61
1975
958
7.90
05/14/98
0.60
2045
985
9.20
08/26/98
0.68
2160
1027
18.40
26
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
10/18/98
0.62
2065
1074
12.80
MW-21 is located greater than 50
feet west of the South
40 refuse
area
(within the south
borrow area), was drilled on 9/14/92, has a depth of 136 feet and is screened from 111 to 136
feet deep.
MW-21 was last sampled on
10/18/98.
Peabody continues
to sample this
monitoring well quarterly.
The violations of the last three sampling
dates were added
per the
Attorney General’s
Request,
dated 09/18/98.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
ILL. 4dm.
Code 620.410(a)
200
0.15
1200
400
5.0
01/26/93
404
02/03/93
429
03/23/93
445
04/27/93
443
05/25/93
419
06/22/93
1455
438
07/30/93
422
09/14/93
0.25
407
12/29/93
0.23
03/25/94
0.22
7.08
05/19/94
0.24
08/16/94
0.25
11/15/94
0.27
12/13/94
0.28
425
12/28/94
0.27
410
01/10/95
0.29
01/24/95
0.28
405
02/09/95
0.28
02/21/95
0.27
404
03/07/95
0.29
27
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
03/23/95
0.25
410
04/04/95
0.19
04/18/95
0.30
05/03/95
0.27
1310
05/16/95
0.25
06/22/95
0.27
07/20/95
0.27
09/19/95
0.29
10/17/95
0.27
11/14/95
0.28
410
12/12/95
0.27
01/16/96
0.26
424
04/18/96
0.27
417
07/31/96
0.26
10/16/96
0.28
05/01/97
0.26
07/31/97
0.21
02/25/98
0.28
08/26/98
0.26
10/18/98
0.28
10/18/98
0.28
MW-23
is located
15 feet from the southwest corner of the Slurry
no.
5 west berm, was drilled
on 09/13/92, has a depth of 50 feet, and is screened from 40 to 50 feet. MW-23 was last
sampled on 11/19/96. The monitoring well has not been abandoned as of the date of the filing
of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 IlL.
4dm. Code
302.304
250
0.15
500
250
0.3
01/22/93
940
433
1.07
28
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
02/03/93
1060
507
1.45
03/23/93
780
285
1.67
04/27/93
1340
667
2.43
05/25/93
1352
617
1.35
06/24/93
1252
641
2.86
07/30/93
1528
709
2.71
10/05/93
0.22
1396
558
2.17
11/22/93
0.43
1595
719
4.74
01/24/94
0.67
2545
1234
7.0
02/16/94
0.46
828
4.62
03/04/94
0.43
1495
748
3.54
04/19/94
0.63
2035
1010
5.36
06/02/94
0.73
2020
1020
5.66
08/16/94
0.71
1800
889
5.18
02/09/95
0.75
1710
850
5.56
05/16/95
0.79
1895
931
5.67
08/04/95
0.85
2095
907
6.30
11/28/95
0.89
2020
1027
5.98
02/07/96
0.89
1932
965
08/20/96
0.79
1915
956
6.70
11/19/96
1.06
2260
1043
11.80
MW-24 is located less than 6 feet from the Slurry no.
5 west berm, was drilled
on
09/17/92,
has a depth of 50 feet, and is screened from 40 to 50 feet. MW-24 was last sampled on
10/16/96. The monitoring well has not been abandoned as of the date of the filing of the
complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35 IlL. Mm.
Code 302.304
250
0.15
500
250
0.3
01/22/93
1875
901
2.92
29
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
02/03/93
1870
841
2.66
03/23/93
1655
764
3.25
04/27/93
1580
723
4.38
05/25/93
1624
678
3.68
06/24/93
1192
552
3.24
07/30/93
1440
598
4.05
08/19/93
1248
472
3.75
09/07/93
1264
512
3.43
10/12/93
0.38
1048
384
2.61
11/22/93
0.36
1085
348
2.63
12/29/93
0.35
990
407
2.51
01/24/94
0.35
990
355
2.41
02/16/94
0.33
1235
314
2.35
03/24/94
0.33
935
365
2.36
04/19/94
0.30
850
341
2.12
06/02/94
0.23
1025
287
1.78
08/16/94
0.27
935
290
1.61
12/13/94
0.26
895
313
,
12/28/94
0.21
850
273
01/10/95
0.20
890
265
01/24/95
0.22
885
259
0.98
02/08/95
0.21
845
271
1.90
02/21/95
0.24
920
276
0.84
03/07/95
950
271
2.08
03/23/95
960
336
1.30
04/04/95
975
358
1.51
04/18/95
1064
398
0.41
05/03/95
0.24
1285
360
0.85
30
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
05/16/95
0.25
930
336
1.80
06/22/95
0.33
935
4.26
07/20/95
0.33
880
293
4.05
08/18/95
915
291
5.87
09/19/95
0.27
940
280
2.30
10/17/95
0.33
1055
313
1.20
11/14/95
0.16
1140
458
1.84
12/12/95
0.36
1195
468
3.85
01/16/96
0.58
1740
882
4.91
04/18/96
1105
455
0.37
07/31/96
0.46
965
330
1.86
10/16/96
0.49
970
328
3.26
MW-25 is located less than
6 feet from the west toe of the Slurry no.
5 west berm, was drilled
on 09/14/92, has a depth of50 feet, and is screened from 40 to 50 feet deep. MW-25 was
lastsampled on 10/16/96. The monitoring well has not been abandoned as of the date of the
filing of the complaint.
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
Applicable
Standards
35
ILl. 4dm,
Code 302.304
250
0.15
500
250
0.3
01/22/93
1190
500
1.09
02/03/93
1180
470
1.73
03/23/93
1165
472
3.77
04/27/93
1195
546
2.74
05/25/93
1304
543
06/24/93
1840
895
5.75
07/30/93
2028
931
4.30
08/19/93
2140
1010
12.90
09/07/93
2084
995
10.10
10/12/93
0.57
1908
866
10.10
31
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
11/22/93
0.39
1570
626
9.30
12/29/93
0.44
1845
950
9.80
01/24/94
0.46
2115
1006
8.50
02/i 6/94
0.53
2200
1038
9.90
03/24/94
0.67
2610
1370
10.28
04/19/94
0.55
2240
972
8.30
06/02/94
0.50
2260
1073
8.50
08/16/94
0.74
2980
1510
11.70
12/13/94
0.44
1690
797
5.94
12/28/94
0.36
1555
668
01/10/95
0.34
1540
675
12.50
01/24/95
0.25
1450
586
1.57
02/08/95
0.30
1045
428
8.20
02/21/95
0.29
1555
644
9.10
03/07/95
0.27
1490
620
0.80
03/23/95
0.37
1704
805
5.82
04/04/95
0.35
1665
756
2.74
04/18/95
0.37
1568
676
6.30
05/03/95
0.36
1825
629
4.05
05/i6/95
0.29
1355
588
4.58
06/22/95
0.23
1355
486
2.27
07/20/95
0.37
1440
596
9.70
08/18/95
1620
745
13.60
09/19/95
0.53
1785
734
8.50
10/17/95
0.61
1725
771
6.80
11/14/95
0.92
2055
liii
4.10
12/12/95
0.93
2105
1035
12.50
01/16/96
1.14
2355
1273
21.10
32
Parameter
Chloride
Manganese
TDS
Sulfate
Iron
04/18/96
1.38
2585
1434
20.90
08/20/96
1.23
2355
1220
18.00
10/16/96
1.18
2315
1340
26.30
19.
Section 3.06 of the Act, 415 ILCS5/3.06 (1998), provides:
“CONTAMINANT” is any solid,
liquid, or gaseous
matter,
any odor,
or any
form of energy, from whatever source.
20.
Section
3.33
of the Act, 415
ILCS 5/3.33
(1998),
provides:
“RELEASE”
means any spilling,
leaking,
pumping,
pouring,
emitting,
emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the
environment,
but excludes
(a) any release which results in
exposure to
persons
solely within a workplace, with
respect to a claim which such persons
may assert
against the employer of such
persons;
(b) emissions from the engine exhaust
of
a motor vehicle,
rolling
stock,
aircraft, vessel, or pipeline
pumping station engine;
(c) release of source, byproduct, or special nuclear material from a nuclear
incident,
as those terms are defined
in the Atomic Energy Act of
1954,
if such
release
is subject
to requirements with
respect to financial
protection
established
by the Nuclear Regulatory Commission under Section 170 of such Act; and (d)
the normal application of fertilizer.
21.
Section
3.55 of the Act, 415 ILCS 5/3.55
(1998),
provides:
“WATER POLLUTION” is such alteration
of the physical, thermal,
chemical, biological or radioactive properties of any waters
of the State,
or such
discharge of any contaminant into
any waters
of the State, as
will
or is likely to create a nuisance or render suchwaters harmful or
detrimental or injurious to public health, safety or welfare, or to domestic,
commercial, industrial, agricultural, recreational, or other legitimate uses,
or to livestock, wild animals, birds, fish, or other aquatic life.
22.
Section
3.56 of the Act, 415
ILCS 5/3.56
(1998),
provides:
“WATERS” means
all
accumulations of water, surface and
underground,
natural, and artificial, public and private, or parts thereof, which are wholly
or partially within, flowthrough, or border upon this State.
23.
Section 12(a) and (d) of the Act, 415 ILCS 5/12(a), (d) (1998), provide:
No person shall:
a.
Cause or threaten
or allow the discharge
of any contaminants into the
environment in any State so as to cause or tend to cause water pollution in
Illinois, either alone or in combination with matter from other sources, or so
33
as to
violate regulations or standards
adopted
by the Pollution
Control
Board
under this Act.
d.
Deposit any contaminants upon the land in such place and manner so as to
create a water pollution hazard.
24.
The discharge or release of inorganic chemicals including
chlorides,
manganese,
TDS,
sulfates, and iron into the groundwater at Eagle No. 2 are “contaminants” as thatterm is
defined in Section 3.06 of the Act 415 ILCS 5/3.06 (1998).
25.
The groundwater at Eagle No. 2 is a “water” of this State as that term is defined
in Section
3.56 of the Act 415
ILCS 5/3.56
(1998).
26.
By causing or allowing the discharge of chloride, manganese, TDS, sulfate and
iron
at
levels above applicable water quality and groundwater quality standards,
the
Respondent has caused or tended to cause water pollution, and has thereby violated Section
12(a) of the Act, 415 ILCS 5/12(a) (1998).
27.
By causing or allowing the deposit of coal
mine refuse
and other
related wastes
upon the
land so as
to create
water pollution hazard,
the Respondent
has violated
Section
12(d) of the Act, 415 ILCS
5/12(d)
(1998).
PRAYER FOR RELIEF
WHEREFORE,
the Complainant, the People of the State
of Illinois, respectfully request
that the
Board
enter an
order against the Respondent,
Peabody Coal Company:
A.
Authorizing
a hearing
in this matter at which time the
Respondent will
be
required
to answer the allegations
herein;
B.
Finding
that Respondent has
violated
the Act and
regulations as alleged
herein;
C.
Ordering
Respondent to
cease and
desist from any further violations of the Act
and associated
regulations;
D.
Assessing against Respondent a civil
penalty of fifty thousand
dollars
($50,000)
34
for each
violation
of the Act,
and an
additional
penalty of ten thousand
dollars
($10,000) for
each
day during
which each
violation
has continued
thereafter.
C~UH~
VIOLATION OF GROUNDWATER QUALITY STANDARDS
1-25.
Complainant re-alleges
and
incorporates
by reference paragraphs
1
through
25
of
Count las
paragraphs
1
through 25
of this Count
II.
26.
Section
620.1 10
of the Board’s
GQS,
35111. Adm.
Code 620.110
(1997), and
Section 3.64 of the Act, 415 ILCS 5/3.64 (1998),
provide
the following definition:
“Groundwater” means
underground
water which occurs within the saturated
zone
and
geologic materials where the fluid
pressure
in the
pore
space
is equal
to
or greater than atmospheric
pressure.
27.
Section
620.301 (a) of the Board’s GQS,
35111.
Adm.
Code 620.301(a)
(1997),
provides:
Section 620.301
General
Prohibition Against Use
Impairment of Resource Groundwater
a)
No
person shall cause, threaten
or allow the
release of any contaminant to a
resource groundwater such that:
1)
Treatment or additional treatment is necessary to
continue an existing
use or to assure a
potential
use of such
groundwater; or
2)
An existing or potential
use
of such groundwater is precluded.
*
*
*
28.
The water beneath
Eagle No. 2
and
extending
off-site to areas
including the
SVCD well fields
is “groundwater” as that term
is defined
in Section
620.110 of the Board’s
GQS,
35
III.
Adm. Code 620.110 (1997),
and
in
Section 3.64 of the Act, 415
ILCS 5/3.64
(1998).
29.
By causing
or allowing the release of inorganic chemicals to
enter the
groundwater, and
causing the groundwater within the outermost edge of the
Eagle No.
2 coal
refuse areas at the monitoring well locations as
noted
in
paragraphs
12
and
18
to exceed the
35
groundwater quality standards for coal
refuse disposal areas
pursuant to Section 620.450(b)(4)
and
(b)(5) of Board’s GQS,
35
III.
Adm.
Code
620.450(b)(4) and
(b)(5)
(1997),
the Respondent
has
violated and
continues to violate Section
12(a) of the Act, 415
ILCS 5/12(a)(1998), and
35
Ill. Adm.
Code 302.304 (1997).
30.
By
causing or allowing the release
of inorganic chemicals to enter the
groundwater,
and causing the groundwater not located within the outermost edge of the
coal
refuse
disposal areas or the coal
preparation plant
at Eagle
No. 2 at
the monitoring well
locations
noted
in
paragraph
17 and
18
to exceed
the Class
I:
Potable Resource Groundwater
standards, the Respondent has
violated and
continues to
violate Section
12(a)
of the Act, 415
ILCS 5/12(a)
(1998),
and 35
III.
Adm.
Code 620.301
and
620.410(a)
(1997).
PRAYER
FOR RELIEF
WHEREFORE,
the Complainant, the
People of the State
of Illinois, respectfully request
that the
Board
enter an order against the Respondent,
Peabody Coal Company:
A.
Authorizing
a hearing
in this matter at which time the Respondent will
be
required to answer the allegations herein;
B.
Finding that Respondent has violated the Act and
regulations
as
alleged
herein;
C.
Ordering Respondent to cease and
desist from
any further violations of the Act
and
associated
regulations;
D.
Assessing against
Respondent a civil penalty of fifty thousand
dollars
($50,000)
for each
violation
of the Act,
and an
additional
penalty of ten thousand
dollars
($10,000) for
each day during
which
each violation
has continued
thereafter.
E.
Awarding
to
Complainant its costs
and
reasonable attorney’s fees;
and
36
F.
Grant such
other and further relief as
the
Board
deems appropriate.
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS,
excel.
JAMES
E.
RYAN,
Attorney General
of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:___________________
THOMAS DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
Of Counsel
JANE
E.
MCBRIDE
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
:723/71
37
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on the 23rd day of March,
1999,
send
by
Certified
Mail,
with
postage thereon fully
prepaid,
by depositing
in a United
States
Post Office
Box a true and
correct copy of the following
instruments entitled
NOTICE OF FILING
and
COMPLAINT
To:
David
R. Joest,
Esq.
Peabody
Coal Company
1951
Barrett Court
P.O. Box 1990
Henderson,
Kentucky 42420-1990
and the original
and ten copies by
First Class
Mail with
postage thereon fully
prepaid of the
same
foregoing instrument(s)
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control Board
State of Illinois Center
Suite 11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy was also sent by First Class
Mail with
postage thereon fully prepaid
To:
John
E.
Rhine
Esq.
Steve Ewart
for
Saline Valley Conservancy
District
Associate
Counsel
Rhine,
Ernest &
Vargo
Illinois
Environmental
631
Market Street
Protection Agency
Mt. Carmel,
Illinois 62863
1021
North
Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
-.
.4L~.
Pant
c~i_-~.-4~
E.
MC
BRIDE
Assistant Attorney General
This filing is submitted
on
recycled paper.

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