ILLINOIS POLLUTION CONTROL
    BOARD
    January 29,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    )
    v.
    )
    PCB 72—63
    TRUAX-TRAER COAL COMPANY,
    a
    Division of Consolidation
    )
    Coal Company,
    Respondent.
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    V.
    )
    PCB 72—153
    CONSOLIDATION COAL COMPANY,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by Mr. Dumelle):
    On December 19,
    1975 Respondent Consolidated Coal company
    filed a Petition for Termination of Temporary Order.
    Termination
    is sought of the Board Order
    in the consolidated enforcement actions
    in PCB 72-53 and PCB 72-153
    (February 27, 1973).
    That Order approved
    a settlement agreement,
    but also retained jurisdiction for the
    purpose of reviewing plans for the final reclamation of the land
    involved.
    On January 21,
    1976 the Environmental Protection Agency filed
    an Objection to Petition for Termination.
    While recommending the
    rejection of this instant petition, the Agency suggests certain
    modifications in the February 27,
    1973 Board Order.
    The Board feels that no adequate reason
    is given to support
    a termination of the Board’s jurisdiction in
    this
    matter.
    The
    purpose of the original Order, the final reclamation of the land,
    has not been fulfilled.
    The motion will therefore be denied.
    However, neither
    is there adequate evidence upon which to
    base a modification of the Board Order.
    A modification would
    appear to be appropriate at this time to allow the Order to better
    reflect the current situation.
    Therefore the Board will give
    19
    —
    749
    —2—
    Respondent
    45 days to submit a plan for permanent pollution
    control, including alternatives and information used in arriving
    at the plan,
    to the Board and the Agency.
    The Agency will then
    have 45 days to review the information and comment on the plan.
    The Board will thus consider all of the above materials and
    attempt to make a
    final determination in thith matter.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    1.
    Respondent’s Petition for Termination of Temporary Order
    is hereby denied.
    2.
    Respondent shall, within
    45 days of the date of this Order,
    submit a plan for permanent pollution control to the Board and the
    Agency.
    The plan shall include information concerning the costs
    and feasibility of the different methods of controlling pollution
    caused by each of the potential pollution sources addressed in the
    February 23,
    1973 Board Order.
    3.
    After receipt of this plan, the Agency shall have
    45 days
    to submit its Recommendation to the Board.
    IT
    IS SO ORDERED.
    Mr. Young and Dr. Satchell abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Boar~,hereby certify the above Opinion and Order were adopted on the
    ~g
    ~day
    of January,
    1976 by a vote of
    ,3..
    p
    ~stanL.M~~~
    Illinois Pollution
    rol Board
    19
    —
    750

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