ILLINOIS POLLUTION CONTROL BOARD
    July
    12,
    1979
    ENVIRONNENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—290
    MORRIS
    COAL,
    INC.,
    a Delaware
    corporation,
    Respondent.
    MR.
    BRIAN E.
    REYNOLDS,
    ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    MR.
    CEDRIC
    HUSTJ\CE,
    ATTORNEY
    AT
    LAW,
    APPEARED
    ON
    BEHALF
    OF
    TUE
    RESPONDENT.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a complaint filed
    November 20,
    1978 by the Environmental Protection Agency
    (Agency)
    aqainst Respondent Morris Coal,
    Inc.
    (Morris or Respondent)
    ,
    a
    Delaware corporation licensed
    to do business in Illinois.
    The
    complaint
    charqes
    that
    Respondent
    constructed
    or
    modified
    a
    wastewater
    source
    and
    opened
    a
    coal
    mine
    in
    violation
    of
    Section
    12(b)
    of
    the
    Environmental
    Protection
    Act
    (Act)
    ,
    Rule
    951(a)
    of
    Chapter
    3:
    Water
    Pollution
    and
    Rule
    201
    of
    Chapter
    4:
    Mine
    Related Pollution.
    A hearing was held on June
    6,
    1979
    at Marion,
    Williamson County,
    at which time the parties presented a stipu-
    lation and proposal for settlement.
    No members
    of the public
    attended and there was no objection to the settlement.
    On February 11,
    1978,
    Respondent purchased from Parton Coal
    Company,
    along with other property, the Morris Mine Number
    7
    which
    is described as an underground mine located one mile north-
    east of Crab Orchard in Williamson County.
    On March
    1 and June
    23,
    1978,
    Mr. Robert
    R.
    Gates, an Agency employee, informed
    Respondent that the operating permit was not transferable and that
    Morris should apply for a new permit.
    The Agency received the
    permit application on July 10,
    1978 and issued an operating permit
    on September 21,
    1978.
    Respondent mined 19,000 tons of coal be-
    tween June
    23 and September 21, 1978 and sold more than 4500 tons
    for about $86,000.
    During this period Morris pumped wastewater
    from the mine into a settling pond.
    Respondent maintains that the coal was removed as a part of
    construction work preparatory to coal production,
    that
    it acted
    j.5—4 3
    —2—
    in good failth believing that it could operate
    under
    the
    Parton
    permit and it started taking steps to apply as soon as
    it learned
    a new permit would be necessary.
    Morris has spent more than
    $1,500,000 on construction work at the mine.
    In the stipulation Morris admits the violations alleged and
    agrees to pay a penalty of $2000 and to cease and desist from
    further violations.
    Having considered Section
    33(c)
    of the Act,
    the Board
    finds the settlement acceptable under Procedural Rule
    331.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Morris Coal,
    Inc.,
    is
    in violation of Section 12(b)
    of
    the
    Environmental
    Protection
    Act,
    Rule
    951(a)
    of
    Chapter
    3:
    Water Pollution and Rule 201
    of Chapter
    4:
    Mine
    Related
    Pollution.
    2.
    Respondent shall comply with the terms of the stipu-
    lation and proposal for settlement which
    is incorporated
    herein by reference.
    3.
    Respondent shall cease and desist from further violations
    of the Act and Board Rules.
    4.
    Within thirty-five days of the date of this Order,
    Respondent shall, by certified check or money order
    payable to the State of Illinois,
    pay a civil penalty
    of $2000 which is to be sent to:
    State
    of
    Illinois
    Fiscal
    Services
    Division
    Environmental
    Protection
    Agency
    2200
    Churchill
    Road
    Springfield,
    IL
    62706
    IT IS SO ORDERED.
    Mr.
    Goodman
    abstained.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution Control
    Board,
    ~reby
    certify
    the
    above
    Opinion and Order were adopted on
    the
    ~.
    ~
    day
    ~
    ,
    1979
    by
    a
    vote
    of
    ______
    Illinois
    Pollution
    35—44

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