ILLINOIS POLLUTION CONTROL BOARD
December 16,
1976
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 75—407
PEABODY COAL COMPANY, a Delaware
Corporation,
Respondent.
Mr. Marvin
I. Medintz, Assistant Attorney General, appeared on
behalf of the Complainant.
Mr. Michael
D.
Freeborn appeared on behalf of the Respondent.
OPINION AND ORDER OF THE BOARD
(by Dr. Satchell):
This matter comes before the Board upon
a complaint filed
October 17, 1975 by the Environmental Protection Agency
(Agency).
The complaint alleges that Respondent, at all times pertinent
hereto, has owned and has been operator of a mined area,
known
as the Northern Mine,
located
in Sections
20,
21, 28,
29, 30,
31,
32, and 33, Township
31 South, Range
9 East of the Third Principal
Meridian,
in the County of Will, State of Illinois,
in Sections
5,
6,
7,
8, and 18, Township 31 South,
Range
9 East of the Third
Principal Meridian, in the County of Kankakee, State of Illinois,
and in Sections 26 and 35, Township 31 South, Range
8 East of the
Third Principal Meridian, County of Grundy,
State of Illinois.
The complaint further alleges Respondent
since on or about Sep-
tember 12,
1974 has ceased mining activities at the Northern Mine
without at that time or any time thereafter havinq been
issued
an
abandonment
permit
by
the
Aqency
in
violall:ion
of
Rules
201
and
502
of
the Chapter
4
Mine
Rela Lcd
Po11 lu L
ion
Requla
Lions
(Chapter
4)
and
that
Respondent
failed
to
notify
the
Agency
of
such
cessation
of
all
mining
or
mine
refuse
disposal
operations
at the Northern Mine site within a thirty
(30)
day period for
such notice as required by Rule 501(a) (1)
of Chapter
4.
On May
5, 1976 a hearing was held concerninq
this matter
at Kankakee,
Illinois.
At this hearing the basic elements of
a settlement agreement were set out before the hearing officer.
These terms were to be submitted to the hearing officer within
fourteen
(14)
days.
24
—
387
—2—
Within the terms of this settlement Respondent admits
ownership of the alleged site and that since on or about
September
12, 1974 Peabody has ceased mining coal at the
site without at that time or any time thereafter having been
issued a permit therefore by the Agency.
Peabody agrees to
file with the Agency within six weeks after approval of this
Board an application for an abandonment permit pursuant to
Chapter
4.
A penalty of $1500 was agreed to by both parties.
Permits issued by the Department of Mines and Minerals were
attached to the settlement agreement to indicate the type of
reclamation work already accomplished by Peabody on certain
portions of the mine.
The Board finds this agreement acceptable under Pro-
cedural Rule
333.
The Board finds Peabody Co~alin violation
of Rules
201,
501(a) (1) and 502 of Chapter
4.
A penalty of
$1500
is assessed to aid in the enforcement of the Act.
Pea-
body shall be required to file the proper application with the
Agency within six weeks, as at the hearing
it was stated that
six weeks were necessary to complete certain drawings which
are to accompany the application.
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.
Peabody Coal Company is found to be in violation of
Rules
201,
501(a) (1) and 502 of the Chapter
4: Mine Related
Pollution Regulations.
2.
Respondent shall apply for an abandonment permit
within six
(6) weeks of this order.
3.
flespoiidcnL
shall
pay a
penalLy
01
$
sO() with in
thirty-five
(35)
days
of
this
order.
Payment
shall
be
made
by
certified
check
or
money
order
payable
to:
State of Illinois
Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois 62706
Mr.
James Young abstained.
24
—
388
—3—
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify th~~
above Opinion and Order were
adopted on the
________
day of
1976 by
a vote of
-
/
/
~
~
Christan L. Moffett1 Clerk
Illinois Pollution C~ñ~trolBoard
24
—
389