ILLINOIS POLLUTION CONTROL BOARD
November 21, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PEABODY COAL COMPANY, a Delaware
corporation,
Respondent.
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PCB 99-134
(Enforcement – Water)
ORDER OF THE BOARD (by N.J. Melas):
On October 24, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a motion for reconsideration of the Board’s October 3, 2002 order
(Mot. for Rec.), a motion for leave to amend the second amended complaint (Mot. for Leave),
and a third amended complaint (Fourth Comp.) against Peabody Coal Company (Peabody). The
Board’s orders of June 20 and August 22 ordered the People to remove all citations to Section
302.208 of the Board regulations.
1
In an amended complaint filed on September 16, 2002 (Third
Comp.), the People removed one citation to that section, yet six citations (two incorporated by
reference) to that section remained. On October 3, 2002, the Board ordered the People again to
remove citations to Section 302.208. The Board did not accept the complainant’s amended
complaint, and ordered the People to file another amended complaint removing allegations of a
violation of Section 302.208.
Pursuant to the Board’s procedural rules, motions for reconsideration must be filed within
35 days of adoption of a final Board order. 35 Ill. Adm. Code 101.520(a). The People timely
filed their motion for reconsideration on October 24, 2002. Peabody filed an objection to this
motion and the People’s motion for leave to amend on November 7, 2002 (PCC’s Resp.). For
the reasons set forth below, the Board denies the People’s motion for reconsideration, grants the
People’s motion for leave to amend, and accepts the People’s October 24,
2002 amended
complaint.
MOTION FOR LEAVE TO AMEND THE SECOND AMENDED COMPLAINT
The People ask for leave to amend their second amended complaint in order to more
specifically allege violations in counts II and III. These revisions clearly allege the applicable
regulations violated at the time of discharge of various pollutants at the Eagle No. 2 mine site.
For the reasons below, the Board grants the People’s motion for leave to amend the second
amended complaint and accepts the People’s third amended complaint filed October 24, 2002.
1
See
35 Ill. Adm. Code 302.208 (1982), the Board’s applicable water quality standard for iron,
effective June 22, 1982 through July 9, 1990.
2
Specifically, in count II, the People amend the chart of exceeded water quality standards
in paragraph 27 to indicate that Rule 203(f) applies to discharges of iron and Rule 204(b) applies
to the other discharges of inorganic compounds for violations that occurred between May 17,
1979 to June 22, 1982. Additionally, the People indicate that Section 302.208 (1982) applies to
discharges of iron, and Section 302.304 (1982) applies to the other discharges of inorganic
compounds for violations that occurred between June 22, 1982 and July 9, 1990.
In count III, the above amendments made to paragraph 27 of count II are incorporated by
reference as paragraphs 16-28 of count III. Additionally, the People amend paragraphs 40-42,
44, and 45 to clearly reflect the changes made to the chart of exceeded water quality standards.
The changes the People made to their second amended complaint clearly revise the
allegations found in counts II and III to adequately specify the dates, location, and strength of
discharges alleged to constitute violations of the Act and regulations as required by the Board.
Most significantly, the People cite to Section 302.208 for the first time as the regulation
exceeded by the discharge of iron that occurred in 1982.
See
Fourth Comp. at 32. Because of
this change and other clarifications made in count III of the amended complaint, the Board grants
the People’s motion for leave to amend and accepts the People’s third amended complaint.
For the purposes of deadlines to file an answer or responsive motion, the Board deems
the respondent to have received the amended complaint as of the date of this order. Pursuant to a
hearing officer order dated October 21, 2002, the respondent must file its answer to the amended
complaint within 30 days of the date of this order.
MOTION FOR RECONSIDERATION
The People ask the Board to reconsider its October 3, 2002 order to strike any citations to
Section 302.208 from the People’s September 16,
2002 amended complaint. Because the Board
grants the People’s motion for leave to amend their second amended complaint and accepts the
People’s third amended complaint filed October 24
,
2002, including properly alleged violations
of Section 302.208, the Board denies this motion as moot.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 21, 2002, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
