ILLINOIS POLLUTION CONTROL BOARD
    November 13,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 72—328
    PEABODY COAL COMPANY,
    (Will Scarlet Mine),
    )
    Respondent.
    MR. LARRY
    E.
    EATON, appeared on behalf of Complainant;
    MR. DANIEL M. HALL, appeared on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    This enforcement case has an extended history before the
    Board.
    We previously entered an Order rejecting a proposed settlement
    on May 24,
    1973.
    On February
    7,
    1974 the Board approved a
    settlement submitted by the parties.
    However,
    the parties felt
    that we had incorrectly modified the proposed settlement.
    Respondent
    therefore appealed the Board’s decision.
    The Board, together with the
    parties, entered into a settlement which was presented to the
    court which would have the court vacate the Board’s Order and
    remand for further hearings or appropriate proceedings.
    On
    March 14,
    1975 the Fifth Appellate District vacated the Board’s
    Order and remanded for further hearings.
    On March 26, 1975 we
    entered an Order setting the matter for a hearing on the merits.
    A hearing was held on July
    24,
    1975.
    The parties submitted a
    stipulated summary of the record and proposed order on September
    16,
    1975.
    Rather than repeat the prior Opinion of the Board in
    approving the settlement, we hereby incorporate that Opinion
    as it discusses
    the facts presented
    (EPA v. Peabody Coal Company,
    (Will Scarlet Mine), PCB 72-328,
    11 PCB 157,
    (February
    7,
    1974)).
    Complainant has charged respondent with numerous violations of
    Section
    12(a),
    (c) and
    (d)
    of the Environmental Protection Act,
    certain sections of the Sanitary Water Board Regulations,
    and Chapters
    3 and 4 of the Pollution Control Board Rules and
    Regulations.
    These violations were alleged to have occurred
    19
    271

    —2—
    because of mine discharges to an unnamed creek, Sugar Creek
    and the south fork of the Saline River.
    A limited amount of new evidence was presented at the
    latest hearing.
    It is apparent that Complainant has terminated
    the mining operations at the mine referred to as “Pit
    8” during
    the fall of
    1974.
    This has resulted in the termination of
    discharges from Pit
    8.
    However, at least three times since
    February
    7,
    1974 there have been some discharges from Pit
    8
    (R.
    13).
    Respondent has undertaken
    a program to abate the
    violations alleged in the complaint.
    Respondent has transferred
    its mining operations to an area referred to as
    “Pit
    14” which
    is not the subject of this enforcement case.
    Certain modifications have been instigated in the abatement
    procedure contemplated by the prior settlement proposal.
    Respondent
    has replaced the continuous treatment with a batch treatment system
    at Pit 11 because of problems associated with employee safety
    (R.
    24 and 33).
    The parties previously agreed that the payment of a
    penalty should be stayed pending the development of
    a possible abatement
    program on property not owned by the respondent.
    Respondent has
    cited that it would be unable to carry out the alternative abatement
    work because of a depressed financial condition
    (R.
    28).
    Therefore,
    the parties have stipulated that a penalty should be assessed.
    The parties agreed to a penalty of $17,500 for the violations
    rather than the $15,000 previously submitted and approved by the
    Board.
    Based on the record presented at the July 1975 hearing, and
    the previous record we find that the settlement and proposed order
    submitted by the parties
    is acceptable.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    We find that Peabody Coal Company has violated the Act and
    Regulations as alleged in the Complaint.
    It is ordered that:
    1.
    Respondent shall complete reclamation of Pit
    #8 in accord
    with applicable law,
    applicable regulations of the Department of
    Mines and Minerals, and applicable regulations
    of the Pollution
    Control Board.
    19—
    272

    2.
    Respondent shall continue to treat all discharges of
    runoff from Pit #11, and other subject portions of the premises
    of Will Scarlet Mine in a manner so as
    to comply with all
    applicable provisions of the Act and Regulations, continuing
    the existing batch treatment process,
    or any method as effective.
    3.
    Respondent shall perform normal inspection and adequate
    maintenance of the retaining
    darn near Bulitown Bridge, and levee
    located near the mine garage,
    so as to maintain necessary impound—
    ment of surface runoff,
    4,
    Respondent shall continue to maintain the treatment plant
    and appurtenant facilities at Pit #10
    so as to maintain impound-
    ment and to maintain treatment efficiency
    to its best operational
    level.
    5.
    Respondent shall submit quarterly reports to the Agency
    detailing activities conducted in relation to the foregoing portion
    of this Order.
    The Agency may elect to reduce such reports to a
    semi—annual basis or to combine such reports with reports
    of
    other activities
    lawfully required at the Will Scarlet Mine.
    6.
    Respondent
    shall provide
    to the Agency all available data
    on discharge from the treatment plant under any permit or other
    legal requirement.
    7,
    Respondent shall, within
    35 days from the date of this
    Order, pay a
    penalty
    of $17,500 to the ~State of Illinois” and
    send to:
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    Fiscal Services Division
    2401 West Jefferson
    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
    Jday
    of
    November,
    1975
    by
    a
    vote
    of
    ~I~-O
    __________
    Illinois Pollution
    ~ol Board

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