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

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