ILLINOIS POLLUTION CONTROL BOARD
July
20, 1978
ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
vs.
)
PCB
75—482
)
PEABODY
COAL
COMPANY,
)
)
Respondent.
OPINION
AND ORDER
OF THE
BOARD
(by Dr. Satchell):
This matter has come before the Board upon a complaint
filed by the Environmental Protection Agency
(Agency)
on
December 19,
1975.
The complaint alleges that Respondent
has owned and operated and continues to own and operate a
mined area on which mining has occurred, known as the Will
Scarlet Mine, and more particularly as the New Castle or as Pit
No.
14, located in Sections 16,
17,
20 and 21, Township 10
South,
Range
5 East of the Third Principal Meridian,
in the
County of Saline, State of Illinois in violation of Rule 201
of Chapter
4:
Mine Related Pollution since on or about
October 1,
1974.
A hearing was held on June
1, 1978 at which
a stipulated agreement was submitted for Board approval.
No testimony was given.
The stipulated agreement provides the following facts.
Since on or about October
1,
1974, Peabody has conducted
a
strip mining operation at its Will Scarlet Mine known as
“Pit No.
14” near Stonefort in Saline County, Illinois.
Peabody intends to continue mining activity at this site for
the foreseeable future.
Peabody did file an application for a permit for Pit No.
14;
however,
this application was denied by the Agency on
May 21,
1975.
Peabody sought review by the Board of the
Agency’s decision.
The Board affirmed the Agency.
On appeal
the Illinois Appellate Court, First District No.
62908 affirmed
the Board’s decision.
Since the commencement of mining operations at Will
Scarlet Mine Pit No.
14, Peabody has employed wastewater treat-
ment technology adequate to comply with “Best Practicable
Control Technology”
as defined for. coal mining operations by
applicable tJSEPA regulations.
On May 9,
1977, the USEPA,
Region V issued Peabody a permit to discharge from the Will
Scarlet Mine Pit No.
14 pursuant to the National Pollutant Discharge
31-69
—2—
Elimination System (NPDESY.
This permit was certified by
the Agency.
This certification set forth effluent limitations,
other limitations, and monitoring requirements necessary to
comply with Federal requirements and of appropriate state
laws.
The parties agreed on appropriate terms and conditions
to be incorporated into a mining permit pursuant to this
proceeding.
For the purposes of this settlement Peabody admits
violation of Rule 201 of Chapter 4.
A civil monetary penalty
of $3,600.00 was agreed upon by the parties.
The amount is
considered reasonable in light of the nature of conditions at
the subject site, Respondent’s efforts to implement sufficient
environmental safeguards, the size of Respondent’s operation
and the impact upon the public.
The Board finds that the stipulated agreement is acceptable
under Procedural Rule 331 and that the factors of Section 33(c)
of the Act have been adequately considered.
The Board finds
that Peabody has been in violation of Rule 201 of Chapter
4:
Mine Related Pollution.
A penalty of $3,600.00 is assessed.
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.
The stipulated agreement of the parties is accepted
and incorporated as
if fully set forth herein.
2.
Peabody Coal Company is found in violation of
Rule 201 of Chapter
4:
Mine Related Pollution.
3.
Respondent shall pay a penalty of $3,600.00 within
35 days of this order.
Payment shall be by certified
check or money order payable to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706.
Mr. Young abstained.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify t e above Opinion and Order were
adopted on the
~
day of~4.~
,1978,bya
vote of
‘,~~-D
CEristan L. Moffet
,
erk
Illinois Pollution
rol Board
31-70