ILLINOIS POLLUTION CONTROL BOARD
June
 3
 ,
 1976
PEABODY
 COAL
 MPAN,
 )
Petitioner,
v.
 )
 PCB
 75-68
ENVIRONMENTAL
 PROTECTION
 AGENCY,
 )
Respondent.
ENVIRONMENTAL PROTECTION AGENCY,
 )
Complainant,
V.
 )
 PCB
 75—403
)
PEABODY
 COAL
 COMPANY,
 )
Respondent.
Mr. John VanVranken, Assistant Attorney General, appeared for the
Environmental Protection Agency.
Mr. Michael D. Freeborn appeared for Peabody Coal Company.
OPINION
AND
ORDER OF THE BOARD
 (by Dr. Satchell):
Case Number PCB 75-68 came before the Board on February
1975 as
 a permit appeal and a variance petition from Peabody
Coal Company
 (Peabody).
 On July 31,
 1975 the Board dismissed
Peabody’s petition for variance as inadequate.
 On October
 16,
1975 the Environmental Protection Agency
 (Agency)
 filed an
enforcement case,
 PCB 75—403 against Peabody.
 These two cases
were consolidated by Board order on November 26, 1975.
Peabody applied for a permit for their Mine No.
 10,
approximately three miles east of Pawnee,
 in Christian County,
Illinois.
 The Agency denied Peabody’s permit application on
the basis that Chapter
 3 and Chapter
 4 Regulations might not
be met in that current discharges violated Rule 606 of
Chapter IV.
The Agency brought its enforcement case on grounds of
operating a mine without a permit in violation of Rule 201,
Chapter
 4 Regulations on Mine Related Pollution and Section
12(b)
 of the Act and that Peabody is alleged to have allowed
22—7
—2—
effluent at Site 001
 to flow into Lake Sanchris with its
total acidity exceeding its total alkalinity and with
such concentrations of iron and other contaminants
 as to
be in violation of Rule 606 of Chapter
 4 and Section 12(a)
 of
the Environmental Protection Act
 (Act)
 and that the effluent
at Site 003 was turbid,
 total acidity exceeded total alka-
linity and Site 003 had concentrations of iron and other
such
 contaminants
 as
 to
 be
 in
 violation
 of
 Rules
 605(b)
 and
606
 of
 Chapter
 4
 and
 Section
 12(a)
 of
 the
 Act.
A
 hearing
 was
 held
 on
 February
 24,
 1976
 in
 Taylorville,
Illinois.
 At
 this
 time
 a
 tentative
 settlement
 agreement
 was
presented.
 Also
 the
 Agency
 presented
 two
 memoranda
 in
evidence.
 The
 subsequent
 agreement
 was
 accepted
 by
 both
parties
 on
 March
 11,
 1976.
The
 stipulated
 agreement,
 compliance
 plan
 and
 stipulation
to
 dismiss
 are
 as
 follows.
 PCB
 75-68
 is
 an
 appeal
 from
 a
permit
 denial
 by
 the
 Agency
 of
 a
 permit
 which
 had
 been
 pre-
viously
 timely
 sought
 by
 Peabody.
 PCB
 75-403
 is
 an
 enforcement
case
 alleging
 that
 Peabody
 was
 running
 Mine
 #10
 without
 a
 permit
and
 that
 certain
 discharges
 from
 the
 mine
 violate
 Rules
 605(b)
and
 606
 of
 Chapter
 IV
 of
 the
 Mine
 Related
 Pollution
 Regulations
and
 Section
 12(a)
 of
 the
 Act.
 On
 December
 12,
 1975
 at
 a
 pre—
hearing
 conference
 Peabody
 outlined
 its
 pollution
 abatement
plan
 at
 Mine
 #10.
 Subsequently,
 a
 new
 permit
 application
was
 filed
 by
 Peabody
 pursuant
 to
 Chapter
 IV
 of
 the
 Board’s
regulations
 and
 a
 permit
 was
 issued
 by
 the
 Agency
 to
 Peabody
for
 its
 Mine
 #10.
For
 the
 purposes
 of
 settlement
 Peabody
 admits
 the
 following;
that
 employees
 of
 the
 Agency
 took
 samples
 of
 the
 discharges
 from
Mine
 #10
 discharge
 point
 001
 on
 April
 18,
 1975
 and
 August
 26,
1975
 which
 samples
 contained
 total
 acidity
 in
 excess
 of
total
 alkalinity,
 and
 which
 samples
 contained
 total
 iron
greater
 than
 7
 mg/i;
 that
 employees
 of
 the
 Agency
 took
 samples
of
 the
 discharges
 from
 Mine
 #10
 discharge
 point
 003
 on
 April
18,
 1975
 and
 August
 26,
 1975,
 which
 samples
 were
 turbid
 and
which
 contained
 total
 acidity
 in
 excess
 of
 total
 alkalinity,
and
 which
 contained
 total
 iron
 greater
 than
 7
 mg/i;
 and
 that
Peabody
 operated
 its
 Mine
 #10
 from
 November
 25,
 1972
 to
 Decein-
ber
 31,
 1975
 without
 a
 permit
 granted
 by
 the
 Agency.
Peabody
 agrees
 to
 pay
 a
 penalty
 of
 $6,500
 for
 Peabody’s
operation
 of
 its
 Mine
 #10
 without
 a
 permit
 from
 November
 25,
1972
 to
 December
 31,
 1975,
 and
 for
 the
 discharges
 described
above.
 The
 Parties
 agree
 that
 the
 amount
 of
 this
 penalty
 and
the
 other
 terms
 and
 conditions
 in
 this
 Settlement
 Aqreement1
Corr~pliance Plan
 and
 Stipulation
 to
 Dismiss
 adequately
 consider
 and
reflect
 the
 nature,
 extent
 and
 causes
 of
 the
 above
 admitted
 facts,
22—8
—3—
the
 nature
 of
 Peabody~s operations
 and
 control
 equipment,
the
 impact
 on
 the
 public
 resulting
 from
 the
 above
 admitted
facts,
 the
 benefits
 to
 be
 obtained
 as
 the
 result
 of
 the
compliance
 plan
 described
 below,
 and
 the
 prior
 efforts
 and
achievements of Peabody to control discharges from its
Mine
 #10,
 which
 efforts
 and
 achievements
 included
 the
following:
a.
 On November 8,
 1972 Peabody timely filed its
application for a permit pursuant to Chapter IV
of the Board’s regulations.
b.
 At about the same time, Peabody commenced an
intensified abatement plan which included better
management of the gob pile and plans for treat-
ment of runoff water with a base compound,
aeration and clarification system.
c.
 In
 February
 1973,
 Peabody
 commenced
 study
 of
local
 rainfall
 and
 other
 data
 to
 determine
 the
necessary
 capacity
 and
 characteristics
 of
 such
a
 treatment
 system.
d.
 In
 June,
 1973,
 and
 at
 other
 times,
 consulting
firms were solicited to provide proposals in
connection
 with
 such
 a
 treatment
 system.
e.
 Ryckman/Edgerley/Tomlinson
 &
Associates,
 Inc.
(Hereinafter
 “RETA”)
,
 Consulting Environmental
Engineers,
 contracted
 with
 Peabody
 to
 conduct
 a study program and design such a treatment system.
f.
 The RETA report was completed and furnished to
Peabody
 on
 June
 27,
 1975.
g.
 Meanwhile,
 Peabody
 had
 continued
 prior
 efforts
to acquire additional land surrounding its Mine #10
and in 1975 completed acquisition of sufficient land
to construct an additional slurry pond.
h.
 This additional land made possible for the first
time an alternative process for the control of water
discharges from Mine ~l0, which alternative process
Peabody contemplates will be essentially a closed
system of dikes and
other
natural barriers, within
which water will be recycled and reused for washing
of coal, rather than discharged to waters of the state.
9
—4—
1.
 Peabody contemplates completion of construction
of this alternative process on or before April
 1,
1976.
j.
 After completion, Peabody contemplates that, of
the five discharge points identified in its permit
application, there will be no remaining discharge
except from discharge points 002 and 004
 (which
contain only shower water), barring unforeseen
circumstances beyond Peabody’s control,
 such as
strikes, acts of God, or a flood of 100—year
 magnitude or greater.
k,
 The compliance plan envisioned by this alternative
process
 is estimated to cost Peabody $228,000
initially, with annual operating costs of $11,000
per
 year.
1.
 Finally, the compliance plan envisioned by this
alternative process contemplates control of dis-
charges from Peabody’s Mine #10 more stringent
and more effective than is required by Board
Regulations or the Environmental Protection Act.
Except as
expressly
 admitted
 Peabody
 denies
the
allegations of the complaint of PCB 75-403.
 Peabody agrees
to dismiss its permit appeal 75-68.
The Board finds the stipulated agreement acceptable
under Procedural Rule 333.
 The Board finds Peabody in
violation of Rules
 201, 605(b)
 and 606 of the Chapter
 4:
Mine Related Pollution Regulations and of Sections
 12(a)
and 12(b)
 of the Act.
 A penalty of $6,500
 is assessed.
The penalty is adequate in light of the considerable time
and money Peabody has put into abatement.
This constitutes the Board’s findings of fact and
conclusions
 of
 law.
ORDER
It is the Order of the Pollution Control Board that:
1.
 Peabody Coal Company was in violation of Rules
201, 605(b)
 and 606 of the Chapter
 4: Mine
Related
 Pollution
 Regulations
 and
 Sections
 12(a)
and
 12(b)
 of
 the
 Act.
22—10
—5—
2.
 Peabody Coal Company will comply with all the stipu-
lated agreements.
3.
 Peabody Coal Company will pay a penalty of $6,500
within thirty
 (30)
 days of this Order.
 Payment shall
be by certified check or money order payable to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
4.
 The permit appeal, PCB 75-68 is dismissed.
Mr. James Young abstained.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order
were
 adopted
 on
 the
 ~
 day of
_____________,
 1976
 by
a vote of
 4~-~
~
Illinois Pollution
 rol Board
22—11