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