ILLINOIS PCi~LUTIONCONTROL BOARD

July

10,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

PCB 75-49

PHILLIP KANE and ROY LANE,

d/b/a

Shawnee Mining Company,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

This case involves

a two count complaint filed February

3,

1975 alleging numerous violations of the Environmental

Protection Act

(Act)

and of Chapters Three

(Water Pollution)

and Four

(Mine Related Pollution)

of the Board Rules and

Regulations.

Respondents,

Phillip Kane and Roy Lane,

d/b/a Shawnee

Mining Company

(hereafter Shawnee~

,

are charged with cond.uctir~g

a strip mining operation by removing the overburden on

property located near Eddyville

in Pope County.

This activity

is alleged

to have occurred from October

7,

1974 until

December

4,

1974,

except for a brief period beginning October

18,

1974 and ending on an unknown date.

Count One of the complaint cites Shawnee for operating

without

a permit from the Environmental Protection Agency,

in violation of Rule 201 of Chapter Four and Sections

12(a)

and

(b)

of the Act.

Count Two alleges violations of Rules

203(a) (general standards)

and 208(non-degradation)

of Chapter

Three,

and of Rule 301(a)

(depositing of spoil)

of Chapter

Four.

Each of the above violations

is also

alleged

to

constitute

a

separate

violation

of

Section

12(a)

of

the

Act.

Finally, Shawnee

is also alleged

to have violated Section

12(d)

of the Act by depositing contaminants upon land

so

as

to

croate

a

water

pollution

hazard.

These

alleged

violations

involve

the

water

quality

of

Lusk

Creek

and

an

unnamed

intermittent

stream

tributary

thereto.

18— 61

---

—2—

A hearing was held on March

21,

1975 at which a Stipulation

of Facts and Proposal For Settlement were entered.

Shawnee

admitted that it violated all section and rules of the Act

and regulations as alleged in the complaint.

The parties

agreed to a penalty of $2,000 for these violations.

The

Stipulation

further provides that Shawnee obtained a proper

permit on February

3,

1975 and that the violations had

ceased.

On the basis of the Stipulation, which constitutes the

complete record

in this matter, we find that Shawnee did

violate the Act and regulations as alleged.

We further find

that the stipulated settlement of $2,000 constitutes a

reasonable penalty

for these violations.

In consideration

of Section

33 of the Act we find there are insufficient

facts to determine the degree of inquiry, the social and

economic value,

or the suitability of the pollution source

to the area in which it is

located.

The practicability and

reasonableness of reducing or eliminating the discharge

is

indicated by the fact that the violations have now ceased.

This Opinion constitutes the Board’s findings of fact

and conclusions of

law.

ORDER

Respondent,

Phillip Kane and Roy Lane,

d/b/a/ Shawnee

Mining Company,

shall pay a penalty of $2,000 for the violations

of the Environmental Protection Act and of Chapters

3 and

4

of the Board Rules and Regulations found herein.

Penalty

payment by certified check or money order payable

to the

State of

Illinois shall be made to:

Fiscal Services Division,

Illinois Environmental Protection Agency,

2200 Churchill

Road,

Springfield,

Illinois

62706.

IT IS SO ORDERED.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

/O~

tday of July,

1975 by a vote of

~

(1~A

A

.~iI$~-/fl

~4&s~

Christan

L.

Moffett,

~

Illinois Pollution Co

1 Board