ILLINOIS POLLUTION CONTROL BOARD
June
7,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
)
PCB 78—284
THE SOUTHERN ILLINOIS MINERALS
)
CORPORATION,
an
Illinois
corporation,
Respondent.
MR. BRIAN E, REYNOLDS, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
OPINION
AND
ORDER OF THE BOARD
(by Dr. Satchell):
This
matter comes before the Board upon a complaint filed
November 13,
1978 by the Environmental
Protection Agency
(Agency)
against Respondent,
Southern Illinois Minerals Corporation
(Simco)
an Illinois corporation.
The complaint alleges violations of the
Environmental Protection Act
(Act)
and Board Rules in connection
with the abandonment of
a
surface
coal mine, Vergennes Mine
#4,
about five miles southeast of Vergennes in Jackson County
(R.
9).
The complaint charges violations of Section 12(a)
of the Act and
Board Rules 201 and 502 of Chapter
4:
Mine Related Pollution.
Section 12(a)
prohibits causing or threatening or allowing the
discharge
of any contaminants into the environment so as
to violate
regulations and standards adopted by the Board.
Mine rules
201 and
502
require within one year a
permit
to abandon a mine after the
operator ceases operation without intending to reopen.
On November
9,
1978 Mr. James Burks, Respondent~sregistered
agent, was served with notice and complaint by certified mail,
pursuant
to Procedural Rule 305(a).
A hearing was held on May
7,
1979
in
Carbondale.
No one appeared on behalf of the Respondent
(H.
5).
A letter from Mr. Burks was placed into evidence indicat-
ing
that he
could not appear because he was in Belize in Central
America.
The Board finds Respondent in default and will enter
this Order
pursuant to Procedural Rule 327.
At
the hearing the Agency presented evidence to substantiate
the allegations
of the complaint.
Mr. Robert Gates, Mine Drainage
Manager for the Agency, testified that
3 States Trucking,
Inc.
at
one time owned the mine and operated it under Agency permit
(H,
7),
At some time prior to March
26,
1977
the mine was transferred to
Respondent.
Simco and
3
States are related corporations, both
34—13
involving Mr.
Burks
(R.
10),
Simco never acquired a permit
to
operate the mine
(H. 11),
However, operation without a permit is
not
charged
in the complaint.
Mr. Gates testified that on April 14, 1977 there hadn~t
been any mining activity for some time and that the last cut was
beginning to fill with water
(R.
13).
On May 31,
1977 there was
no equipment or personnel
at the mine.
The Agency sent a letter
to
3
States
on June
2, 1977 advising them that notice was to be
given the Agency within thirty days of cessation of operations
CR.
16,
Comp.
Ex,
3).
After a telephone conversation with Mr.
Burks
on
September
8,
1977 a letter was sent to Simco advising it
that there were violations and requesting a conference to develop
a program
CR.
18,
Comp. Ex.
4).
Mr. Burks responded to this
letter and indicated that
a dozer had been moved to the site to
begin reclamation
work
(Comp.
Ex,
5)
A compliance conference was
held
in Marion
in September,
1977
(H,
21),
In a letter dated
September 28,
1977,
J,
W, Brown and H,
Roffmann, professional
engineers,
advised the Agency that the
mine
had ceased operations
on
March 26,
1977
CR.
22, Comp.
Ex.
6).
Mr.
Gates testified that
on October
26,
1977 there was no operation at the site and no
sign of reclamation activity
CR.
26).
Mr. William Ryan,
an Agency employee,
also testified
(R.
28).
On June 29, 1978 there were no persons, activity or sign of re-
clamation
(R,
31).
No abandonment permit was ever
I s sued by
the Agency
CR.
31),
Mr. Gates visited the site again on February
29, 1979
CR,
26).
There was no sign of recent reclamation activity
and more water was accumulating
in the pit.
From past experience,
the witness expected that it would overflow, releasing polluted
water.
The Board finds that the mine was abandoned on March 26,
1977
and that the required permit to abandon was never obtained as
alleged in the
complaint.
The Board has considered Section 33(c)
in mitigation in assessing its penalty.
There is testimony that
the site poses
a potential for public harm
from discharge of
polluted water,
The social
or economic value of the mine and its
suitability to the area are not questioned.
There is no evidence
that
it
is
technically impracticable or economically unreasonable
to reclaim the mine area.
The Board
finds that a penalty of $2500
is necessary to aid
enforcement of the Act,
Although
a much larger fine could be
levied in a default,
there is no direct evidence of the extent of
environmental damage and the Board requires that Respondent use
available resources to bring
the
site
into compliance.
Respondent
will be ordered to apply for an abandonment permit and to undertake
reclamation work.
34—14
—3—
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It
is the Order of the Pollution Control Board that:
1.
Respondent,
Southern Illinois Minerals Corporation,
is in violation of Section 12(a)
and Board Rules
201
and 502 of Chapter
4:
Mine Related Pollution,
as
alleged in the complaint.
2,
Respondent shall
cease and desist from further violations
of the Act and Board Rules.
3.
Respondent shall apply for an abandonment permit from
the Agency.
4.
Respondent shall perform any and all acts necessary to
reclaim the mine area in compliance with Rule 502 of
Chapter
4:
Mine Related Pollution.
5,
Respondent shall, by certified check or money order
payable to the State of Illinois,
pay a civil penalty
of $2500 which is to be sent to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois 62706
I,
Chri,stan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted on the
‘7~
day of
~
,
1979 by a vote of
3..~
I_
rr~ç.ç~±~
~
Christan
L. Moffett, Clerk
Illinois Pollution Control Board
34—15