ILLINOIS POLLUTION CONTROL BOARD

June

3, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 76—139

)

DROVERS

NATIONAL

BANK,

)

TRUSTEE

UNDER

TRUSTE No. 73176,

)

)

Respondent.

INTERIM ORDER OF THE BOARD

(by Dr.

Satchell):

This matter comes before the Board on a complaint filed

May 12,

1976 by the Environmental Protection Agency

(Agency)

which alleges Respondent caused or allowed pollutants in the

effluents from a certain real estate in Sections 29—32,

Township 33N, Range 9E, in Will County, Illinois, located

west of 1-55 near Braidwood,

on which a large mound of

refuse, or gob pile,

from earlier coal strip mining opera-

tion

is located.

The complaint alleges violations of Rules

203(a),

403,

408(a), and 408(b)

of Chapter

3: Water Pollution and Section

12(a)

of the Environmental Protection Act

(Act)

caused by

effluents or runoff from the aforementioned land.

The definition of effluent in Rule 104, Chapter

3:

Water Pollution reads

in pertinent part as follows:

“Effluent” means any wastewater discharged,

directly or indirectly,

to the waters of the

State or to any storm sewer, and the runoff

from land used for the disposition of waste-

water or sludges, but does not otherwise include

non~ointsource discharges such as runoff from

land

.

.

.

.

(Emphasis supplied).

The complaint is silent on any allegation of disposition of

wastewater or sludge.

Based on the foregoing, paragraphs

4,

5,

and

7 alleging

violation of effluent limitations shall be stricken.

The

matter shall be set for hearing on the remaining allegations

of the complaint.

IT IS SO ORDERED.

22—73

---

—2--

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board here~certify the

bove Interim Order was

ado

ed on the

~

day of

_________,

1976 by a vote of

Illinois Pollution C

ol Board