ILLINOIS POLLUTION CONTROL BOARD
March 17,
1977
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant.
)
v.
)
PCB 76—256
)
ISADORE KOENIG and MARY KOENIG,
)
Respondents.
Mr. Patrick J. Chesley, Assistant Attorney General, appeared
for the Complainant.
Mr. Bruce Stephen Vick appeared for the Respondents.
OPINION
AND
ORDER OF
THE
BOARD
(by Dr.
Satchell):
This matter comes before the Board upon
a complaint filed
by the People of the State of Illinois, by William J.
Scott,
Attorney General of the State of Illinois, on October 14,
1976.
The complaint alleges that Isadore Koenig and Mary Koenig own
a mine refuse area,
as defined by Rule 103(i) and
(j)
of the
Chapter 4: Mine Related Pollution Regulations
(Chapter
4),
in
St. Clair County approximately three—eighths of a mile east of
Illinois Route 159 and immediately south of Bethel Road and
is
the property which is the eastern 1/2 of the northwest quarter
of Section Ten of T.2N.,
R.8W. of the Third P.M.
It was further
alleged that since July 1,
1970 and continuing until the filing
of this complaint, rain storms have washed coal fines
from
Respondents’ mine refuse area north, through a natural drainage
course,
to an unnamed tributary of Canteen Creek;
that these
coal fines are contaminants
as defined by Section
3(d)
of the
Act; that in allowing these fines to enter the unnamed tribu-
tary of Canteen Creek that Respondents have threatened or
allowed the discharge of contaminants into the environment
so as to cause or tend to cause water pollution in violation
of Section 12 (a) of the Environmental Protection Act
(Act).
At a hearing on February 4,
1977 a Statement
of
Stipulated
Settlement was submitted to the Board.
No testimony was given.
Respondents stipulated to ownership of the land.
The
stipulation states that the refuse area
is made up of two gob
piles.
These gob piles were created by coal mining operations
many years prior to the time that the Respondents obtained the
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—
109
—2—
property in 1963.
The northernmost gob pile
is adjacent
to Bethel Road and contains coal fines which have been
carried north by rainwater along a natural drainage course
through a mobile home park located on the northern side of
Bethel Road to an unnamed tributary of Canteen Creek which
is a water of the state of Illinois.
Along the drainage
course some of the coal fines have settled out.
Respondents
stipulate that by allowing the fines entering the stream
that they have allowed the discharge of contaminants into the
environment so as to tend to cause water pollution in Illinois.
It is further stipulated that Respondents purchased the
land solely for the operation of an egg supply business.
Be-
cause of financial difficulties the business was closed.
Since
that time the land has not been used.
Respondents themselves
never used the land for mining activities.
The failure of the
egg supply business has caused Respondents financial losses.
At the present time Isadore and Mary Koenig’s only income con-
sists of social security and wages from Isadore Koenig’s part-
time employment as a security guard.
It is further stipulated
that the technology exists to abate the pollution caused by the
gob piles.
The piles can be removed, covered or neutralized.
Respondents are financially unable to take these abatement
measures.
Respondents are willing to sell or give away the material
which comprises the gob piles.
Respondents have agreed to make
a diligent effort to have the gob piles removed.
They have
agreed to contact the Abandoned Mine Lands Reclamation Council,
Materials Management Corporation or any other interested par-
ties and make every effort to have someone remove the gob piles,
It was agreed that if Respondents are unable to secure
the removal of the gob piles by August
1,
1977, the Respondents
agree to sell or give the land
(upon which the gob piles are
located and any adjacent land owned by them and needed by the
transferee to successfully abate the pollution caused by the
gob piles)
to the Abandoned Mine Lands Reclamation Council or
any other party who agrees to eliminate the pollution caused
by the gob piles.
The stipulation further provides that the gob piles,
in
addition to the water pollution
caused by the coal fines,
form a sulfuric acid runoff which is carried into waters of
the State.
Water pollution caused by coal fines and the run-
off creates a potential for interference or injury to the
property and general welfare of the people of the State.
At
the present time the value of Respondents’ land
is diminished
by the gob piles.
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110
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The area
in which Respondents’ land is located is the
mine refuse area created by the Consolidated Coal Company’s
underground mine #17.
Mining operations in the immediate
area have ceased for many years.
Presently,
Respondents’
land is bordered on the south and east by farmland,
on the north
by
a mobile home park, and on the west by property owned by
Illinois Power Company and used as a gas regulation substation.
Respondents first learned of the environmental problems by the
gob piles when they received this complaint.
The stipulating
parties agreed that with the situation as
it presently exists
that a monetary penalty would not be appropriate.
Respondents
agree that this stipulation will be binding upon their assigns,
heirs,
and devisees.
Respondents also agree to file a monthly
progress report with the Attorney General’s Office detailing
the progress of the gob removal.
The Board finds the stipulated agreement to be acceptable
under Procedural Rule 333.
Respondents are found to be in
violation of Section 12(a)
of the Act.
The Board agrees that
a penalty would serve no purpose in this matter.
Respondents
shall comply with the arrangement as stipulated to remove the
gob
piles.
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.
Isadore Koenig and Mary Koenig are found to be in
violation
of
Section
12(a)
of
the
Environmental
Protection
Act.
2.
Respondents shall
comply with
thi’
pi.in
to
remove
or
otherwise
dispose
of
the
qob
piles
from
the
land
as outlined in the opinion.
I,
Christan
L.
Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify the abçve Opinion and Order were
adopted on the
fl~
day of
____________,
1977 by a vote
of
~
Christan
L.
Moff
Clerk
Illinois Polluti
ontrol Board
25-111