ILLINOIS POLLUTION CONTROL BOARD
May
6,
1976
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 75—372
CITY OF BENLD,
Respondent.
Mr. Barry Forman, Assistant Attorney General, appeared on behalf
of Complainant;
Mr. J.E. Wenzel,
appeared on behalf of Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr.
Goodman):
This matter comes before the Board on a Complaint filed on
September
24,
1975,
by the Environmental Protection Agency
(Agency).
The
Complaint
consists
of
two
counts,
the
second of which pertains
to NPDES permit violations.
That Count was struck by the Board on
September
29,
1975.
Count
One
all~qes
that
the
City
of
Benid
(Benid)
(pop.
1,
736)
in
Macoupin
County,
has
(:)~Dera
Led
its
sewage
treatment
system
so
as
to
violate
Section
12(a)
of
the
Environmental
Protec-
tion
Act
(Act)
and
Rules
203(a),
402,
403,
405,
501(a)
and
1201
of
the
Board~s
Water
Pollution
Regulations.
On
October
16,
1975,
the
Agency
filed
a
Request
for
Admission
of Facts, pursuant to Rule
314
of
the
Board’s Procedural Rules.
There was no response from Benld on the Request
for Admissions.
Therefore,
the facts alleged therein are deemed admitted by opera-
tion of Procedural Rule
314(c).
A hearing was held on December
18,
1975 at which time Benld further stated that it had no objection to
the facts stated in the Request for Admission
(R.5).
Benid also
stipulated to the accuracy of the
54 exhibits submitted into evidence
by the Agency
(R. 10).
21
—313
—2—
The evidence and admissions are more than adequate for finding
of each violation alleged in the Complaint.
Some of the violations
include the discharge of inadequately treated sewage,
harm to the
stream,
excess ammonia nitrogen and fecal
coliforni
effluents,
poor
maintenance of the sewage plant and lack of a certified operator.
Benld’s STP discharges into an unnamed tributary of Cahokia Creek.
The issue before the Board
is the construction of a remedy which
will reflect the need for an incentive for Benld to exert maximum
efforts towards compliance.
In most instances
a substantial penalty
would provide such an incentive.
However,
in this instance the
violator has already made commitments to improve its plant’s opera-
tions.
Recognition is given to Projedt Optimize and its efforts to
encourage and assist municipalities to improve their treatment facili-
ties.
The Board finds that a new attitude of cooperation has been
exhibited by Benld and the Board feels that a large penalty in this
particular case would not serve any purpose.
In mitigation,
the Board has considered the positive attitude
of Respondent and its current efforts toward compliance.
Respondent
has cooperated with the Agency and is now in the process of bringing
the plant’s maintenance up to standard.
Some of the work has been
completed and the rest
is under a compliance schedule
(Ex.
54).
The
plant operator is currently enrolled
in a wastewater course and forma
training is underway.
However,
the duration and seriousness of these violations
warrants both a penalty and some assurance of future efforts by Benld
to bring their plant into compliance.
A penalty of $400.00 will be
adequate in this case.
The Board will also order Benid to adhere to
its Project Optimize compliance schedule
(Exhibit 54)
and otherwise
exercise diligence
in its efforts to improve the plant’s operations.
This Opinion constitutes the Board’s findings of fact and
conclusions of
law.
ORDER
1.
The Pollution Control Board finds Respondent City of Benld
to have violated Section 12(a)
of the Environmental Protection Act
and Rules 203(a),
402,
403,
405,
501(a) and 1201 of the Board’s
Water Pollution Regulations.
21—314
—3—
2.
Respondent City of Benld shall pay
a penalty for the aforesaid
violations the sum of $400.00 payment to he made by certified check
or money order within
35 days of the date of this Order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
3.
Respondent City of BenlcI shall adhere to the Compliance
Schedule as enumerated
in Exhibit
54 and shall complete all phases
of said compliance plan by July
15, 1976.
IT IS SO ORDERED.
Mr. Young abstained.
I, Christan L.
Moffett,
Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion and Order weçe adopted on the
(Q1V\
day of
(Y\
,
1976 by a vote of
~
Illinois Pollution Con
Board
21—315