January 31, 1974ENVIRONMENTAL PROTECTION AGENCY,Complainant,v~ ) PCB 71~3O8KENNETH MARTIN, JR~ and MICHAELMARTIN, Respondents.
How~
ever, Peabody retained ownership of the coal and other minerals“on or underlying” the premises and the right to remove theseminerals.
The Martins state that they have not attempted to abate these
pollution sources because they are financially unable to do so.
The Martins have
agreed that they do have a responsibility “for allowing” thepollution but that responsibility is certainly very technicaland we would not impose a penalty on the Martins.
Since these are...
Allowed
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