ILLINOIS POLLUTION CONTROL BOARD

November 22, 1974

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 72—328

PEABODY COAL COMPANY (WILL SCARLET

MINE),

Respondent.

ORDER OF THE BOARD (by Mr. Henss):

On February 7, 1974 the Board entered an Order which approved

the settlement of this enforcement case. That Order provided

for an abatement program at the Respondent’s Will Scarlet Mine

and included customary provisions for performance bond and progress

reports. The Order also provided as follows:

“5. Within the 9 months following this Order, Respondent

shall participate in negotiations involving other

mine pollution abatement projects in Illinois in a

manner satisfactory to the Agenc~rand the Board.

Upon written notice to the Pollution Control Board

and Respondent by the Agency that Respondent has

failed to satisfactorily participate in pollution

abatement at non-owned point sources, or upon such

finding by the Board, Respondent shall within 30

days pay a penalty of $15,000. Penalty payment by

certified check or money order shall be made to:

Fisca.l Services Division, Illinois EPA, 2200

Churchill Road, Springfield, Illinois 62706. Payment

of this penalty shall apply solely to violations

in this proceeding and shall not be attributable to

any failure in negotiations involving mine discharge

from property for which Peabody Coal is legally

responsible.

6. Within 30 days after reaching agreement on a pollution

abatement project the parties shall notify the Board

regarding the details of the project, including

ownership of the real estate and pollution sources

14—461

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—2—

involved and the identity of any person or company

who created the pollution source or may be liable

for allowing the pollution to occur. If no agree-

ment is reached regarding a pollution abatement

project within 9 months, the parties shall advise

the Board of that fact and the $15,000 penalty shall

become due and payable.”

The 9 months have now elapsed following the entry of this Order

and this Board has not received any information from the parties

as to their negotiation on mine pollution abatement projects. The

Board wishes to learn whether the parties reached agreement re-

garding a pollution abatement project within 9 months and would

like to be informed as to Respondent~sparticipation in pollution

abatement at non—owned point sources.

Therefore, it is ordered that the parties within 14 days subm~t

the following:

I. Advise the Board whether agreement was reached regardinç

a pollution abatement project within 9 months after the

Board Order of February 7, 1974.~

2. A detailed report to the Board of Respondent~spartici-

pation in pollution abatement at non—owned point sources

since February 7, 1974.

I, Christan L. Moffett, Clerk of the Illinois Pollution Con~ol

Board, hereby certify the above Order w~sadopted this ~

day of

~

1974 by a vote of d./ to

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