ILLINOIS POLLUTION CONTROL BOARD

June

20, 1974

CITIZENS FOR A BETTER ENVIRONMENT,

An Illinois Not-for—Profit Corp.,

Complainant,

v.

)

PCB 74-29

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

DR.

RICHARD BRICELAND, As

Director of the Illinois Environ-

)

mental Protection Agency and DANIEL

GOODWIN,

As Manager-Performance

Measurement Section of the Illinois

Environmental Protection Agency,

Respondents.

OPINION AND ORDER OF THE

BOARD

(by Mr. Henss):

Citizens for a Better Environment,

an Illinois not—for—

profit corporation filed Complaint against the Illinois

Environmental Protection Agency,

its Director, Dr. Richard

Briceland,

and the Manager of its Performance Measurement

Section,

Daniel Goodwin, alleging that the Respondents have,

in violation of Rule 1001 of the Water Pollution Regulations,

failed to file Waste Discharge Reports with the Illinois

Pollution Control Board.

The Complaint asks for an Order

directing Respondents

to comply with the Regulation, and

fining Respondents for each violation.

Rule 1001 provides:

~The Agency shall annually prepare and submit to

the Board

a Waste Discharge Report which lists

the waste discharges

in

the

State, describes the

type, quantity and concentrations of the various

contaminants

being discharged, and describes the

existing and planned treatment controls and the

scheduled dates for completion of treatment

improvements.”

The Rule was adopted on March

7,

1972 and became effective

April 16,

1972.

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561

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When the matter was called for public hearing the parties entered

into a Settlement Stipulation.

The Agency admitted that it had not

filed a Waste Discharge Report at any time up to the date of the

execution of the Stipulation and that the filing of such report

was in fact required by Rule 1001,

at least beginning with Fiscal

Year 1974.

It is stated that Fiscal Year 1974 was the first fiscal

year subsequent to the adoption of Rule 1001 during which the

Agency could have been budgeted by the General Assembly for the

sizeable undertaking required by the Rule.

The Stipulation

further specifies

that Fiscal Year 1975 shall be the first year

for which the Agency will be budgeted to carry out the duty

imposed upon it by Rule 1001.

The parties agree that “the foregoing violation of Rule

1001 of Chapter

3 shall best be cured by the filing of an

Interim Report, by the Agency, based upon the best information

available to the Agency, followed subsequently by the commencement

of filing of annual reports by the Agency,

as required by Rule

1001 of Chapter

3”.

They stipulate to the entry of a final order

by this Board in which the Agency is ordered to cease and desist

from its violation and a schedule is adopted for the filing of the

reports.

We have reviewed the Stipulation and Order carefully and

approve the settlement in all respects.

The intent of the

parties is

to facilitate the filing of the reports, not to pro-

long the litigation.

We note that the Agency did on May 29,

1974 submit an interim edition of a report entitled “Waste Water

Discharges

to Illinois Waters”.

This report was submitted

pursuant to Rule 1001 and in partial fulfillment of the Agency’s

agreement in this case.

The Stipulation and Proposed Order are approved.

ORDER

The Illinois Pollution Control Board finds that the Environ-

mental Protection Agency

has

failed to file Waste Discharge

Reports as required by and in violation of Rule 1001 of Chapter

3:

Water Pollution, of the Rules and Regulations of the Illinois

Pollution Control Board.

It is the Order of the Board that the

Environmental Protection Agency cease and desist from the

aforesaid violations, in accordance with the following schedule:

1) By no later than June 1,

1974,

the Agency shall

file with the Board an “Interim Report” which shall

include information and data presently available to

the Agency relative to waste water discharges in

the State, including effluent sample data for calendar

12—562

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—3—

year 1973,

indexed by discharge source;

and waste

water discharge inventory data current through

April

30,

1974, cross-referenced by discharger

name and address.

Such report shall be produced

on microfiche.

A copy of such report shall be

provided by the Agency, on microfiche, by June

1,

1974 to Complainant, Citizens for a Better

Environment.

2)

By no later than March

1, l~75,and annually

thereafter, the Agency shall file

a Waste Discharge

Report, as required by, and in accordance with

Rule 1001 of “Chapter 3: Water Pollution” of the

Board’s Rules and Regulations.

Said Waste Discharge

Report shall include effluent sample data for the

previous calendar year, cross—referenced by dis-

charger name and address, together with waste water

discharge inventory data for the previous calendar

year, and available data describing existing control

equipment and proposed discharge control programs

and timetables, indexed by discharger.

Effluent

sample data and waste water discharge inventory data

shall include pertinent information relative to type,

quantity and concentration of contaminants discharged.

The March

1,

1975 report may be produced on

microfiche.

If so produced,

a copy of such report

shall be provided by the Agency, on microfiche, by

April

1,

1975 to Complainant, Citizens for a Better

Environment.

The annual Waste Discharge Report shall be

available for reasonable public inspection and

copying,

in accordance with the terms, and restrictions,

of Section 7 of the Illinois Environmental Protection

Act.

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

Board, hereby certify the above Opinion and Order was adopted

this

~

day ~

by a vote of ~

to ~