ILLINOIS POLLUTION CONTROL BOARD

January 23,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB

74—292

FRANK

L.

WHITE AND DAVID

L. WHITE,

both individually and d/b/a WHITE

BROTHERS EQUIPMENT COMPANY, INC.,

a/k/a WHITE BROTHERS EQUIPMENT

COMPANY,. ELK COAL COMPANY or

CENTRAL STATES MINING COMPANY,

INC.,

Respondents,

Mr. Larry

R.

Eaton, attorney for Complainant.

Mr. James W.

Sanders, attorney for Respondents.

OPINION

AND

ORDER OF THE BOARD

(by Dr.

Odell)

On August

7,

1974,

the Environmental Protection Agency

(Agency)

filed a Complaint against the Respondents with the

Pollution Control Board

(Board).

The Complaint alleged that

from May 23, 1972,

through August

7,

1974, Respondents violated

various sections of the Environmental Protection Act

(Act)

and

Illinois Mine Waste Regulations

(Chapter Four)

in carrying out

strip mining operations at

a facility

(Elk Mine

#1)

located in

the NW 1/4, Section

17, Township 7 South, Range

1

West of the

Third Principal Meridian, northwest of Elkville in Jackson

County,

Illinois.

Specifically the Complaint charged that:

1.

From November 23,

1972,

through August

7,

1974,

Respondents conducted their coal operation in a manner that

allowed discharges of inadequately treated industrial wastes

to drain into numerous open fields, and small, unnamed lakes

in violation of Section 12(a)

of the Act.

The wastes contain

excessive amounts of iron, manganese, sulfate, and acidic

chemicals.

2.

From November 23,

1972,

through August 7,

1974,

Respondents operated their facility without an Agency permit

in violation of Section 12(b)

of the Act and Rule 201 of Chapter

Four.

3.

From May 23,

1972,

through August

7,

1974, Respondents

allowed mine waste effluent containing excessive settleable

solids and obvious levels of color to drain from

Elk

Mine #1

in violation of Rule 605(b)

of Chapter Four,

15

—

299

---

4.

From May 23,

1972,

through August 7,

1974,

Respondents caused or allowed mine waste effluent containing

iron contaminants exceeding

7

mg/i and effluent whose total

acidity exceeded its total alkalinity to drain from thsir

facility in violation of Rule 606(a)

of Chapter Four,

A hearing was held at Carbondale on Friday, November

8,

1974,

at which time a Stipulation was entered into evidence.

~7e

nd that the Stipulation establishes that:

1.

From November 23,

1972,

until August 7,

1974,

Respondents operated their facility without

a permit in violation

of Section 12(b)

of the Act and Rule 201 of Chapter Four.

2.

On May 2,

1973, and February 7,

1974, waste water

effluent discharged from Respondents~mine contained settleable

solids and color levels in excess of the standards of Rule 605

(b), all in violation of Section 12(a)

of the Act and Rule 605(b)

of Chapter Four.

3.

On May 21,

1973, and February

7,

1974,

test results

showed iron concentrations of

86 mg/l and 130 mg/i.

The standard

under Rule 606(a)

is

7 mg/i.

This establishes a violation of

Section 12(a)

of the Act and Rule 606(a)

of Chapter Four for those

two test dates.

4.

On May 21,

1973,

and February

7,

1974,

test results

establish that total acid was in excess of total alkalinity in

violation of Section 12(a)

of the Act and Rule 606(a)

of Chapter

Four.

5.

On February 7,

1974,

test results show that waste

water effluent was measured at pH 3.3 and pH 3.9, both of which

go beyond the limit of pH 5.0 set out in Rule 606(a).

This data

establish

a violation of Section 12(a)

of the Act and Rule 606(a)

for this date.

The Stipulation indicated that the Respondents had submitted

a permit application to the Agency on October 25, 1974;

the Agency

has not yet acted on the application.

Respondents agreed in the

Stipulation to discontinue all mine waste discharges until they

could be carried out in conformance with the Act and regulations.

The proposed Order required Respondents to immediately cease and

desist from all violations, post a performance bond, and pay a

penalty of $1,500.

No members of the public objected to the Stipulation at

the time of the hearing.

15

—300

---

—3—

We accept the Stipulation agreed upon by the parties.

The Stipulation provides for immediate cessation, of environmental

damage.

The penalty and the immediate mandatory compliance re-

quirements provide sufficient deterrence to others to dissuade

them from violating the Act.

Finally, where the parties have

dealt at arms length and reached

a settlement, we are reluctant

to disturb it unless we

find that the public interest has not

been sufficiently protected,

This Stipulation represents a

satisfactory resolution to the long-standing violations

in this

case.

This Opinion constitutes the findings of fact and conclusions

of law of the Board.

ORDER

IT

IS THE ORDER of the Pollution Control Board that:

1.

Respondents immediately cease and desist from violating

Sections 12(a)

and

(b)

of the Act and Rules 201,

605(b), and 606(a)

of Chapter Four.

2.

Respondents immediately cease all mining activities at

the mining site

(Elk Mine #1)

until proper permits are procured

from the Agency for the said operations.

3.

Respondents immediately cease discharging mine waste

water from their premises while such discharges violate the Act

and Chapter Four.

4.

Respondents post within

30 days of the adoption of

this Order

a performance bond in the amount of $10,000 in

a form

satisfactory to the Agency.

Such bond is necessary to assure full

compliance with this Order; the bond shall terminate upon com-

pletion of compliance activities, and notification from the Agency

to the Board of such compliance.

5.

Respondents, jointly and severally liable, shall pay

within 30 days of the adoption of this Order

a monetary penalty

of $1,500.00 for the violations found in the Opinion.

The check

or money order shall be payable to the State of Illinois, and

addressed to the Environmental Protection Agency, Fiscal Services

Section, 2200 Churchill Road,

Springfield, Illinois 62706.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, herebj certify that the above Opinion and Order was adopted

on the

~

day of

.

,

1975,

by a vote of

~

to

Christan L.~jfett