ILLINOIS POLLUTION CONTROL BOARD

January

19,

1989

CONSOLIDATION COAL COMPANY,

)

Petitioner,

v.

)

PCB 88—140

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

MS.

KATHERINE

D. HODGE APPEARED ON BEHALF OF PETITIONER;

MR. JOHN

J.

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.

1L0038512

(“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.

Adm.

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.

IL0038512 required that

Consolidation take and analyze,

for each

of

28 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).

C)

5~3

21

---

—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,

a copy of

which was submitted

at hearing

(R.

at 9),

has been readied and

the Agency

is prepared

to

issue

it to be effective on

the date

that the Board dismisses

this matter

(R.

at

6).

Specifically,

the new draft permit restructures

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.

December

23, 1988 Draft NPDES Permit,

p.

2.

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 Board’s

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.

95—322

---

—3—

ORDER

The appeal of NPDES Permit No.

IL0038512 brought by

Consolidation Coal Company in PCB 88—140

is hereby dismissed.

Section 41 of

the Environmental Protection Act,

Ill. Rev.

Stat.

1987 ch. 111½ 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~)

.

6’

/,~.

Dorothy

M. ~nn,

Clerk

Illinois Pollution Control Board

9

5—323