ILLINOIS POLLUTION CONTROL

BOARD

May

~,

1973

FREEMAN COAL MINING COMPANY,

Petitioner,

v.

)

PCB 73-97

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Seaman):

Petitioner operates a coal mine known as the Freeman

Orient No. 3 located south of Waltonville, Jefferson City,

Illinois. Petitioner requests an extension of a variance

granted by this Board beyond the April 30, 1973 completion

date to June 30, 1973 to permit the operation of air clean-

ing tables, which are an indispensable part of Petitioner’s

coal preparation plant. Petitioner will replace this coal

preparation plant with a new coal preparation plant. Peti-

tioner alleges its inability to meet the April 30, 1973

deadline is due in large part to continued labor unrest

occasioned by the Wage Board’s refusal, under Phase II

restrictions, to permit the payment of certain wage increases

which otherwise would have been due to the employees of the

general contractor on this particular project under the

applicable Collective Bargaining Agreement. As a result,

Petitioner alleges it has logged a total of 19 days of un-

authorized work stoppages. Further, Petitioner states that

because of the cold winter, the company was unable to pour

concrete on six days, and many employees did not work during

the 25 days of below freezing weather. Furthermore, Peti-

tioner’s schedule has always contained a 75-day period after

beneficial occupancy for start-up and check—out procedures

and for bringing the facility up to design tonnage. Peti-

tioner states that it does expect to obtain beneficial

occupancy before late April, 1973.

In its Recommendation, the Agency reports that as of

March 15, 1973, all portions of the construction program

appeared to be on schedule except that the de—mister and the

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primary cyclone had not been installed. The Agency further

states that Petitioner has complied with all conditions of

the previous variance in PCB71-78 and extended in PCB72—306;

and that the Agency has received no comment from the public

concerning the extension of this variance to June 30, 1973.

In view of the program already in progress and the

short remaining period in which Petitioner represents it

will be in compliance, the Board is disposed to allow the

variance requested, subject to certain conditions.

This opinion constitutes the findings of fact and conclu-

sions of law of the Board.

IT IS THE ORDER of the Pollution Control Board that the

variance be extended beyond the April 30, 1973 completion

date to June 30, 1973 subject to the following conditions:

a) All applicable conditions contained in the order

by the Pollution Control Board in PCB71-78 and

extended by PCB72—306 shall remain in full force

and effect.

b) Petitioner shall submit a report to the Agency, in

writing, by June 30, 1973 indicating the status

of its construction program.

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

Board, certify that ~he above Opinion and Order was adopted by

the B~1oard on the

,~3A

day of

_________________,

1973, by a vote

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