ILLINOIS POLLUTION CONTROL BOARD
September
18, 1975
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 75—145
CHESTNUT MOUNTAIN LODGE,
INC.,
an Illinois Corporation,
Respondent.
Mr. Marvin
I.
Medintz, Assistant Attorney General, appeared
on behalf of the Complainant;
~r. John E. Golden, Attorney at Law, appeared on behalf of
the Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board)
upon the April
2,
1975,
complaint of the Environmental
Protection Agency
(Agency).
The Agency charges Chestnut
Mountain Lodge,
Inc.,
(Chestnut),. an Illinois corporation,
with violating Section
12(a)
of the Environmental Protection
Act
(Act)
and Rules
403 and 405 of the Water Pollution
Regulations since
r4ay
7,
1973, and Rule 404(e)
of the Water
Pollution Regulations since December
31,
1973.
A hearing
was held
in Galena,
Illinois,
on July 22,
1975, a~which
time a stipulation ~as read into the record.
Chestnut is
a year round vacation resort located on 232
acres
(R.32)
in Jo Daviess County,
Illinois.
It is situated
on a bluff overlooking the Mississippi River,
surrounded by
farm land.
Chestnut
is eight miles from Galena and eight
miles
from Hanover,
Illinois
(R.33).
The maximum daily
.
flow of waste water from the guest
rooms, public and staff restrooms,
and restaurant and bar is
approximately 18,000 gallons
(R.16)
.
The waste water contains
contaminants including debris,
oil, odor,
suspended solids
and fecal coliform
(Exs.
1 through 16).
The averages of
certain contaminants from 1972 to 1974 were:
BOD5
190
SS
75
I cca1
coliform
7,998,510
NH3
l5.2
18
—
536
—2—
The sewage treatment is accomplished through two septic
tanks which discharge to an intermittent stream south of
Lodge which flows southwest to an unnamed tributary of the
Mississippi River
(Ex.
4)
Rule 403
is violated where effluent contains settleable
solids,
floating debris, visible oil, grease,
scum or sludge
solids.
Color, odor and turbidity must be reduced below
obvious
levels.
Rule 404(f) requires that no effluent whose dillution
is
less than one to one shall exceed
4
rng/l of BOD5 or
5
mg/l of
SS.
Rule 405 states that no effluent governed by Chapter
3
shall exceed 400 fecal coliforrns per 100 ml.
Section
12(a)
of the Act
is violated where discharge of
contaminants
is caused or threatened into the environment so
as to cause water pollution in Illinois or so as
to violate
the regulations or standards adopted by the Board.
The record adequately supports a finding that Section
12(a)
of the Act and Rules
403 and 405 have been violated by
Chestnut since May
7,
1973, and Rule 404(f)
has been violated
since December
3.,
1973.
The Parties propose that Respondent build a three
lagoon treatment system for its wastewater.
Chestnut has
applied to the Agency for a permit to build the system.
In
contemplation of obtaining the permit, Chestnut has stopped
all discharges by constructing a dike
in the area of the
first cell of the proposed treatment system
(R.lO).
The treatment system would be constructed within 90 to
120 days from the date the permit is issued.
It would cost
between $25,000 and $30,000
(R.1l,
25).
The system, having
a design flow of 20,000 gallons per day, would consist of
three cells
(R.15”.
The system would use either
a completely
enclosed pipe system or drainage ditches to prevent surface
water from entering the treatment facility
(R.13).
The
first cell of the system would employ
an aerator to add
oxygen to the wastewater thereby reducing oxygen demand
(R.l8).
The second and third cells are non-aerated and
would pick up free oxygen
from the atmosphere and would have
more area per pound of BOD5 than supplied by the first cell
(R.l8).
The wastewater would then flow through a rock filter designed
to remove accumulated algae
(R.l9)
to
a chlorination cell
which would maintaL-1
a one mg.
per liter chlorination
level
(R.l9).
The waste water would be retained 67 days
in
the
first cell,
45 days in the second and third cells, and
2
days in the chlorination cell
(R.l9).
—3—
The stipulation requires Chestnut to cease and desist
from discharging its wastewater until the system is com-
pleted.
Respondent stipulates to
a penalty of S2500.00.
The Board fines the treatment system as proposed to be
adequate and accepts the stipulated penalty of $2500.00.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
It
is the Order of the Board that:
1)
Respondent Chestnut Mountain Lodge is found to have
violated Section 12(a)
of the Act and Rules 403 and 405 of
the Water Regulations from May
7,
1973,
to April
2,
1975,
and Rule 404(f)
from December 31, 1973 to April
2,
1975;
and
2)
Respondent Chestnut Mountain Lodge, Inc.,
shall pay
as a penalty the sum of $2500.00,
payment to be made within
35 days of the date of this Order, by certified check or
money order to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
and
3)
Respondent Chestnut Mountain Lodge,
Inc.,
shall,
within 120 days of receiving a construction permit from the
Environmental Protection Agency,
construct
a
3 cell waste-
water treatment facility
as more fully set forth herein and
in the stipulation entered into between the Agency and
Respondent on or about July
22,
1975;
and
4.
Respondent Chestnut Mountain Lodge,
Inc.,
shall
cease and desist from discharging its wastewater until said
treatment facility is completed.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opi ion and Order
were adopted on the
/x”’
day of
_________
1975 by a
vote of
~3—c~
Christan L.
Moffeilt
erk
Illinois Pollution
o trol Board
18— 538