ILLINOIS POLLUTION CONTROL BOARD
    November 23,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 77-5
    VALLEY MINING COMPANY, An Illinois
    corporation, and LARRY E. JACOBUS,
    )
    Respondents.
    MR. PATRICK
    J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED
    FOR THE COMPLAINANT.
    MR. ORAL C. KOST,
    OF KOST,
    DOWN
    & MERIDIAN, APPEARED FOR THE
    RESPONDENTS.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    I.
    LEGAL BACKGROUND
    This matter comes before the Board upon the January
    6, 1977
    Complaint of the Environmental Protection Agency
    (Agency) charging
    Valley Mining Company
    (Valley),
    an Illinois corporation with
    violations of Rule 201 of Chapter
    4:
    Mine Related Pollution
    (Chapter 4)
    and Section 12(b)
    of the Environmental Protection
    Act(Act).
    On April 25,
    1977,
    an Amended Complaint was filed adding
    Larry E.
    Jacobus as a party Respondent.
    Hearings were held on July
    7,
    1977 and September
    8,
    1977, and the parties filed a Statement
    of Stipulated Settlement on October 11,
    1977.
    II.
    FACTUAL I3ACKGROUND
    Larry E.
    Jacobus is the owner of a parcel of property
    located in
    Fulton County, Illinois.
    From approximately October
    29, 1975
    through January, 1976, strip mining operations were carried on
    at the site by Valley.
    Jacobus was the President and a Director
    of Valley during this period and until the corporation was
    voluntarily dissolved on January
    3,
    1977.
    Neither Respondent
    obtained a mining permit from the Agency for mining at this site.
    Valley and Jacobus admit,
    in the stipulation,
    to ooeratina
    a mining facility without an Agency mining permit in violation
    of
    Rule 201 of Chapter
    4 and Section 12(b)
    of the Act.
    28
    237
    III.
    STIPULATION
    AND
    SETTLEMENT
    In the stipulation, Valley and Jacobus agree to cease
    and desist from mining operations at the site until
    a
    mining permit is obtained,
    In addition, they agree to pay
    a penalty of $250.00, the parties
    to be held jointly and
    severally liable for its payment.
    The Board accepts the Statement of Stipulated Settlement
    submitted
    by the parties and finds Valley and Jacobus
    in
    violation of Rule 201 of Chapter
    4 and Section 12(b)
    of the
    Act.
    The Board imposes
    the stipulated penalty of $250.00
    as adequate to aid enforcement of the Act and Regulations.
    This Opinion and Order constitutes the findings of
    fact and conclusions of law of the Board.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    Valley and Jacobus are in violation of Rule 201
    of Chapter
    4 and Section 12
    (b)
    of the Act from approximately
    October 29,
    1975 through January,
    1976.
    2.
    Valley and Jacobus shall cease and desist from all
    aforementioned violations of the Act and Regulations.
    3.
    Valley and Jacobus
    shall comply with all terms and
    conditions
    of the Statement of Stipulated Settlement
    filed
    October
    II,
    1977, which
    is incorporated by reference as
    if
    fully set forth herein.
    4.
    Valley and Jacobus shall pay a penalty of $250.00,
    for which they are jointly and severally liable, within 30
    days of the date of this Order, payment to be made by
    certified check or money order to:
    State of Illinois
    Fiscal Services Division
    Illinois
    E.
    P.
    A.
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    28
    —
    238
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board,
    hereby certify the above Opinion and Order
    were adopted on the
    ~
    day of
    ______________
    1977 by a vote of
    ~
    Christan L. Moffe
    Clerk
    Illinois Pollution
    ontrol Board
    28
    —
    239

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