ILLINOIS POLLJTION COWTRDL BOARD
    June 22, 1989
    ILLINOIS ENVIRONMENTAL
    PROTECTIONI AGENCY,
    Petitioner,
    v.
    )
    PCB 89—24
    OLD BEN COAL COMPANY,
    A Delaware Corporation,
    Respondent.
    MR. JAMES L. MORGAN, ESQ., kSSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE PETITIONER.
    MR. JEFF CONRAD AND MR. LINDELL SNEED APPEARED ON
    BEE1~LFOF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board upon a complaint filed on
    behalf of the Illinois Environmental Protection Agency, by and
    through its attorney, Neil F. Hartigan, Attorney General of the
    State of Illinois, against the Old Ben Coal Company. The
    complaint alleges that the Old Ben Coal Company has violated Ill.
    Rev. Stat. 1987, ch. lll’-/2, pars. 1012(a) and (f) and 35 Ill.
    Z~dra.
    Code 302.203, 302.204, 403.102 and 406.106(b).
    Hearing on this matter was held on March
    21,
    1989 in West
    Frankfort, Illinois. At hearing the parties entered a
    Stipulation and Proposal for Settlement. The Stipulation
    addresses the facts and proposed terms of settlement in this
    matter. The Board notes that among other terms of the Proposal
    for Settlement, the Old Ben Coal Company admits the violations as
    alleged in the Complaint.
    The Board finds the Stipulation acceptable under 35 Ill.
    Adin.
    Code 103.180.
    This Opinion constitutes the Board1s findings of fact and
    conclusions of law in this matter.
    3RD ER
    It is the Order of the Illinois Pollution Control Board
    that:
    100—235
    —2—
    1) The Board hereby accepts the Stipulation
    and Proposal for Settlement
    executed
    by
    Old Ben Coal Company and the Illinois
    Environmental Protection Agency concerning
    the Old Ben Coal Company’s John Ross Plant
    in Franklin County and filed with the
    Board on March 24, 1989. The Stipulation
    and the Proposal for Settlement is
    incorporated by reference as though set
    forth herein.
    2) Old Ben Coal Company, by certified check
    or money order payable to the State of
    Illinois and designated for deposit into
    the Environmental Protection Trust Fund,
    shall pay the sum of $10,000.00 (ten
    thousand dollars). The sum shall be paid
    within 30 days of the date the Respondent
    receives notice of this order. The
    payment shall be mailed to:
    Fiscal Service Division
    Illinois Environmental Protection
    Agency
    2200 Churchill Road
    Springfield, IL 62706
    3) This docket is hereby closed.
    Section 41 of the Environmental Protection Act, Ill. Rev.
    Stat. 1987 ct-i. 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
    above Order was adopted on the
    ~‘~-/
    day of ______________________, 1989, by a vote of
    7-0.
    Dorothy 14. Gu)yti, Clerk,
    Illinois Po~AitionControl Board
    100—23 6

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