ILLINOIS POLLUTION CONTROL

BOARD

October

9,

1273

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—202

JET

FUEL,

INC.,

Respondent

MR. FRED BENSON, Assistant

Attorney

General, appeared

on behalf

of Complainant;

MR. ARCHIE BOB

HENDERSON,

appeared

on

behalf of Respondent.

OPINION AND ORDER

OF THE BOARD

(by

Mr. Dumelle):

The Illinois

Environmental Protection Agency

(Agency) filed

a complaint against Jet Fuel,

Inc.,

(Respondent)

on June

5,

1975.

The Agency alleged that Respondent operated

a mine waste

facility from prior

to

December

10,

1974 until to the

date of the Complaint,

without an

operating permit issued

by

the

Agency

in violation

of Section

12(b)

of the Illinois

Environmental

Protection Act

(Act)

and

Rule

201

of Chapter

4: on Mine

Related Pollution

Regulations.

A hearing was held on August

16,

1975.

A request for Admission of Facts wms

filed by the Agency

on June

5,

1975.

This request was unanswered by Respondent.

Therefore the facts of

the request

are deemed admitted,

under

Board’s Procedural

Rule

314,

Respondent

owns and operates a

~mining facility designed

to recover coal from

mine refuse

located in a mine refuse

area

situated in Franklin

County,

Illinois.

The Request for

Admission,

which Respondent

is

deemed to

have admitted

affirmatively,

included the facts that

Respondent at no time possessed a permit, and that Respondent

was notified

7

times

between

March 12,

1974, and December

22,

1974,

of the need for a

permit and

the implicit violation

of

the Act.

19

—

23

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—2—

A Stipulation

of Facts and Proposal for Settlement

were entered

into by the parties and submitted at the hearing.

Respondent stated in the

Stipulation of

Facts, that it

first applied for a permit

on March

17,

1975.

The petition was

found inadequate

and

the permit

was

denied.

On June

3,

1975,

Respondent resubmitted its

application.

This application

was

approved by the

Agency on June

23,

1975

and

an

operating permit

was granted.

The parties

proposed settlement

consists of Respondent~s

agreement to pay a penalty

of

$2000

for its violations

of the

Act,

The record clearly

shows that

the Respondent at

no time

during its operation

possessed

an

operating

permit from the

Agency and so was in

violation

of

Section 12(b)

of the

Act

and Rule 201 of

the

Mine

Rules from

December 10,

1974 until after

the complaint was filed.

The Board

is

required,

in

reaching a decision,

to

consider

the criteria

of

Section

33(c)

of

the Act.

The Board finds that

the stipulated settlement

penalty

based upon the admitted

and

stipulated facts is justified in

the

light of the Section

33(c)

criteria,

i.e.

degree of

injury,

social and economic value

of

the facility,

site suitability,

and

technical practicability

economic reasonableness

of abatement,

The Board finds that Respondent, Jet Fuel,

Inc. violated

both Section 12(b)

of the Environmental Protection Act, and Rule

201 of the Mine Rules

by operating

its facility without an

Agency operating permit.

The Settlement Agreement cited Respondent’s limited financial

capability as a small firm,

and requested an extended penalty

payment period.

Respondent has corrected its violation prior

to the hearing by obtaining a permit.

The payment of a penalty

is the only action which remains to be performed by Respondent

under the Settlement Agreement,

Therefore, Respondent will

be

granted an extended period

of

180 days within which to make

payments.

This Opinion constitutes the Board~sfindings of fact

and conclusions

of

law,

It is the

Order of the

Pollution Control Board

that:

1.

Respondent,

Jet

Fuel,

Inc. violated Section 12(b)

of the Environmental Protection Act, and Rule

201 of Regulations

on Mine Related

Pollution as

set forth

in the above Opinion.

19

—

24

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—3—

2.

Respondent shall cease and desist the aforesaid

violations.

3,

Respondent,

Jet Fuel,

Inc.

shall pay

a penalty of

$2,000, as stipulated,

for the

determined violations.

Payment

shall be by

certified

check or

money order

made payable

to

the State of Illinois,

Fiscal Services

Division,

2200 Churchill

Road,

Springfield, Illinois

62706.

Payment shall be tendered

within

180 days of the

adoption of

this Order.

I,

Christan

L. Moffett,

Clerk

of the Illinois Pollution

Control

Board, hereby certify the

above

Opinion

and

Order were adopted on the

~~day

of

October,

1975

by a vote

of

____________________

Christen

L. Mo~fet

erk

Illinois Pollution

trol

Board