ILLINOIS POLLUTION CONTROL BOARD
    September 15,
    1977
    ENVIRONMENTAL PROTECTION AGENCY
    )
    Complainants,
    v.
    )
    PCB 76-70
    VILLAGE OF CRAINVILLE, ROBERT CALLAGHAN
    and RUTH CALLAGHAN d/b/a FREEBURG
    CONSTRUCTION CO.,
    and GEORGE KNOSTMAN,
    JR.
    Defendants.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    I.
    LEGAL BACKGROUND
    This matter comes before the Board upon the March
    8,
    1976
    Complaint of the Environmental Protection Agency
    (Agency) against
    the Village of Crainville
    (Crainville)
    charging violations of its
    Construction Permit and thereby Section 12(b)
    of the Environmental
    Protection Act
    (Act), Section 12(c)
    of the Act, and Rule 1201 of
    Chapter
    3:
    Water Pollution and thereby Section 12(a)
    of the Act.
    An Amended Complaint was filed March 22,
    1977, adding Robert
    Callaghan and Ruth Callaghan d/b/a Freeburg Contruction Co. and
    George Knostman,
    Jr. as Respondents.
    A hearing was held on July
    14, 1977.
    II. FACTUAL BACKGROUND
    On November
    5,
    1968,
    an agreement was signed for the con-
    struction of additions
    to the water and sewer system and improvements
    to the sewage treatment plant
    (STP) owned and operated by Crainville,
    located
    in Williamson County,
    IllinoiS.
    Frceburj Construction Co.
    was the general contractor, and engineering services were provided
    by George Knostman,
    Jr. and Associates.
    An Agency Construction
    Permit was received by Crainville
    in l970~. Construction began
    September,
    1970 and terminated on January
    1,
    1972.
    Construction did
    not proceed according to the plans and specifications approved by
    the Agency.
    Sanitary sewer lines and manholes were installed at
    different locations and sewer lines were of a smaller size than
    permitted.
    Also, some manhole cover details were installed below
    street level.
    One of four planned lift statiqns was installed at
    a different location than permitted,
    and a fifth lift station, not
    planned at all, was constructed.
    All five lift stations were in-
    stalled with equipment differing from that shown on the plans.
    ?9

    Installation of chlorination equipment as well as fencing and
    seeding at the Crainville STP was not compieted.
    The foregoing
    deviations,
    together with lack of proper controls, resulted in the
    repeated breakdown of pumps at several lift stations
    (causing
    sewage back—ups), overloading of Cell #2 of a two-cell treatment
    lagoon at the Crainville STP,
    and discharge of
    a poor quality
    effluent from the STP.
    In addition,
    the Agency will not grant a
    permit for connections
    to the
    6” gravity sewer which was installed.
    The Agency was notified of these deviations
    in
    a 1973 study by
    John
    H. Crawford,
    P,E., but did not approve the changes.
    Freeburg Construction Co. also inst~l1eda sewer extension
    to the east of Crainville to serve a new snbdivision
    (R.
    136)
    .
    The
    sewer extension, which connects into the Crainville ~TP, was requested
    and paid for by the owner of the subdivision property and was built
    without plans
    or an Agency Construction Permit
    (R.l9-20,136-137)
    The Crainville STP serves a population of under 10,000.
    Except for a period of less than six months, the facility has not
    been operated by a certified Class
    4 operator since
    1974.
    III,
    DEVIATION FROM APPROVED PLANS
    Standard Condition #2 of the Construction Permit awarded to
    Crainville prohibits any deviation from approved plans unless
    revised plans are submitted for Agency approval.
    No submission
    of revised plans or specifications occured during the period of
    construction.
    As permit holder and owner of the completed sewer
    system and STP, Crainville is responsible for failure to comply
    with Standard Condition
    #2, not the contractor or engineer.
    The
    Village cannot delegate its responsibility
    to follow approved plans,
    especially since the Village Board of Crainville either approved
    the deviations
    (P.85)
    or caused them through purchases of non-specified
    equipment
    (R.25).
    Further, the contractor and engineer are hired
    merely
    to do specific work:
    the ultimate responsibility to obey
    the Act remains with the owner.
    Therefore, we find Crainville
    in
    violation of Section 12(b)
    of the Act and dismiss Count
    I of the
    Amended Complaint as to all other Respondents.
    The Board has considered the Section
    33(c)
    factors
    in assessing
    a penalty
    for this violation.
    Respondents have the burden of
    producing evidence concerning these factors.
    Processing
    and I3ooks,
    Inc.
    v,
    Pollution Control Board,
    64
    Ill.
    2nd 68,
    351 N.E.
    2nd 865
    (1976).
    ~
    of injury include sewage backups,
    poor quality effluent being discharged
    from the Crainville STP,
    and damage
    to
    the need for a viable permit system.
    Second, the
    sewers and STP clearly have great~social and economic value, di-
    minished somewhat by the failure to construct the system in a manner
    acceptable under the Act and Regulations.
    Third, the suitability
    of the site is beyond question,
    Finally, compliance by Crainville
    is both technically feasible and economically reasonable.
    We take
    note of the small population of the Village and its current financial
    difficulties.
    Based on these factors,
    the Board imposes no money
    penalty for this violation.
    ~97—
    iZ~t~
    ~26-~O~

    IV. SEWER EXTENSION
    In
    1971,
    a sewer extension and manhole located outside the
    village limits of Crainville
    (R.136) was constructed by Freeburg
    Construction Co.
    Crainville was involved in this construction only
    to the extent that
    they instructed Freeburg Construction Co. as to
    the placement of the sewer line and manhole
    (R.19).
    George
    Knostman,
    Jr. was not involved in any way
    (R.20).
    Freeburg Construction Co.
    should not be liable for failure to obtain
    a permit.
    The owner of
    the subdivision property, the proper
    permit holder,
    is alone
    respon-
    sible.
    The record shows that Mr. Merkin, the owner of
    the subdivision,
    was on notice of his duty to obtain Agency permits as he assured
    Crainville and Robert Callaghan that he had made the necessary
    arrangements with the authorities to consturct and operate the sewer
    extension and manhole
    (R.136-l37).
    Therefore., we find the Respondents
    not in violation of Section 12(c)
    of the Act and dismiss Count
    11
    of
    the Amended Cothplaint.
    V. STP OPERATOR
    The Agency requires the Crainville STP to have a certified
    Class
    4 operator.
    Crainville has failed to provide a competent
    operator from September 1,
    1974 up to the filing of this Complaint,
    except for a period of less than six months.
    We find Crainville
    in violation of Rule 1201 of Chapter
    3:
    Water Pollution and Section
    12(a)
    of the Act.
    The Board has considered the Section
    33(c)
    factors in finding, and assessing a penalty for, this violation.
    In addition to the evidence discussed previously
    (supra, p.2),
    we take note of Crainville’s efforts
    to obtain a competent operator
    (R.l65).
    Based on these factors, the Board imposes no money
    penalty for this violation.
    VI,
    “AS-BUILT” PLANS
    In order to cease and desist from a violation of Section
    12(b)
    of the Act, Crainville must submit “as-built” plans
    for
    Agency approval.
    We note that there was
    some controversy as to
    whether the Crawford study was a submission of “as—built” plans
    (R.88,
    143).
    The Agency has sole authority to determine whether
    any documents submitted constitute “as—built” plans.”
    This Opinion and Order constitute the findings of fact
    and conclusions of law of the Board.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1.
    Crainville
    is
    in violation of Section
    12(b)
    of the Act.
    2.
    Crainville is
    in violation of Section 1201 of Chapter
    3:
    Water Pollution and Section 12(a)
    of the Act.
    ?~7
    //-~
    ~

    —4—
    3.
    Crainville shall cease and desist from all violations
    of the Act and Regulations found herein, within six
    months
    of the date of
    tki~Ls
    Order
    or obtain a variance
    therefrom.
    4.
    Crainville shall apply for all necessary Agency permits
    within 60 days of the date of this Order.
    Mr.
    James Young abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    /~‘~‘
    day of
    ~
    ,
    19
    7 7
    by
    a
    vote
    of~-~
    .
    ~
    Illinois Pollutià~-~ontro1Board
    26-602--
    ~-;~7
    ~T::)~
    ~
    ~

    Back to top