ILLINOIS POLLUTION CONTROL BOARD
February
j,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 78-77
THE KIESEL COMPANY, a Missouri
Corporation,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
Respondent,
The Kiesel Company,
a Missouri Corporation,
was charged in
a Complaint
filed March 16,
1978, with the
violation of Rules
201,
501(a) (1), and
502
of Chapter
4:
Mine Related Pollution,
of the Pollution Control Board
Rules and Regulations.
Hearing was held at the St. Clair County Building,
Belleville,
Illinois,
on November
28,
1978,
at which time
a Statement of Stipulated Settlement ~~aspresented.
No
members of the general public were present; no evidence
was taken at the hearing.
The facts
set forth in the Stipulated Settlement
establish that the Respondent leases
a site known
as St.
Louis
& O’Fallen Mine No.
2 located approximately 1/2 mile
southwest of the City of Fairview Heights
in St. Clair
County,
Illinois
(Stip.
2).
Respondent was issued an
operating permit
(1973—MD-l14-OP)
on January
19,
1973,
to
conduct a coal reclamation project of a gob pile at the
site and did conduct operations by removing coal fines
from the gob pile and by removing such materials to St.
Louis, Missouri,
for storage and subsequent sale of a
portion of the material as
fuel for coal burning power
plants
(Stip.
2,
3).
Since July
16,
1975, Agency inspectors have visited
and made inspections of the site on
13 different occasions
and have observed no mining activity or operation at the
site by the Respondent;
the Respondent has not removed
additional coal fines because of the large quantity stored
in St. Louis, Missouri, and does not intend to do so until
the stored materials are sold
(Stip.
3,
4).
32—477
Rule 501(a) (1) requires that the operator of a mine
refuse disposal operation shall notify the l\gency within
30 days of the cessation of operations.
Rule
502 requires
that a permit to abandon he obtained within one year of
the date that operations have been closed down.
Rule 201
provides that it shall he unlawful to abandon without a
permit therefor
from the Agency.
The Kiesel Company stipulates that they have never
notified the Agency of cessation of operations
or obtained
an abandonment permit from the Agency for the site
(Stip.
4)
Since Respondent does not intend to remove additional
material
in the forseeable
future,
the parties agree that
the current operating permit should be revoked and a new
permit obtained if the Kiesel Company again decides
to
reclaim coal from the site
(Stip.
5,
6).
Because the operations involved approximately one
acre in the center of a 32-acre gob pile,
it
is currently
impracticable to only reclaim the acre where activities
have taken place
(Stip.
6).
To ensure that reclamation
will be accomplished, the parties agree that a $4,000.00
escrow account be established
by the Kiesel Company
(Stip.
6,
7).
The Respondent agrees to pay a civil penalty of
$1,000.00 within 30 days of entry of the Board Order in
this matter
(Stip.
7,
8).
On the basis of the foregoing and the Statement of
Stipulated Settlement entered into by the parties as filed
December
1,
1978, the Board finds that the Respondent did
violate Rules 201,
501(a) (1) and 502 of Chapter
4:
Mine
Related Pollution,
of the Pollution Control Board Rules
and Regulations.
The Board further finds that $1,000.00
is a sufficient penalty for the violations found herein
and necessary to the enforcement of the Act and will assess
that amount as penalty for the infractions.
The Board will
revoke Operating Permit No. 1973-MD-ll4-OP and require the
establishment of a $4,000.00 escrow to ensure reclamation
of the site.
The Board has considered the application of
the requirements of Section
33(c) of the Act to the facts
and circumstances herein and finds the Statement of Stipu—
lated Settlement acceptable under Rule 331 of the Board’s
Procedural Rules.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
32—478
—3—
ORDER
1.
Respondent, The Kiesel Company,
is found in viola-
tion of Rules
201,
501(a) (1) and 502 of Chapter
4:
Mine
Related Pollution,
of the Pollution Control Board Rules
and Regulations.
The Board will assess a penalty of
$1,000.00 for such violations; penalty payment shall
be
made by certified check or money order within
30 days of
this Order payable to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
2.
Operating Permit No.
1973-MD-1l4-OP issued January
19,
1973,
to the Respondent, Kiesel Company,
is hereby
revoked.
3.
The Respondent, Kiesel Company,
shall establish,
within
30 days of the entry of this Order,
a $4,000.00
escrow account
in a form acceptable to the Agency and as
further described
in Paragraph 18 of the Statement of
Stipulated Settlement filed with the Board December
1,
1978, which is hereby incorporated by reference as
if
fully set forth herein.
4.
The Respondent, Kiesel Company,
shall, after
establishment of the escrow account required in Paragraph
3,
apply to the Agency for an abandonment permit.
IT
IS SO ORDERED.
I,
Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board,
hereby
tify th
o e Opinion and Order
were adopted
the
~
day of
____________________,
1979
byavoteof
Illinois Pollution
1 Board
32—4 79