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

    Back to top