ILLINOIS POLLUTION CONTROL BOARD

July 20,

1978

ENVIRONMENTAL PROTECTION AGENCY,

)

)

Complainant,

)

vs.

)

PCB 77—282

)

JOSEPH F. BOENTE SONS,

INCORPORATED,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Dr.

Satchell):

This matter comes before the Board upon a complaint filed

by the Environmental Protection Agency

(Agency) on November

2,

1977.

The complaint alleges that Respondent owns and operates

the Sherwood Glen Campground located in the southeast quarter,

Section 28, Township 10 North,

Range

5 West, Third Principal

Meridian, Montgomery County, Illinois; that at the Sherwood

Glen Campground Respondent owns and operates a wastewater

treatment system which treats the wastewater from the camp-

ground; that the wastewater treatment system drains

into Shop

Creek which

is tributary to Shoal Creek, which

is tributary

to Lake Lou Yager and the Kaskaskia River; that since June

3,

1975 Respondent’s wastewater treatment system was built in

substantial deviation from the plans and specifications

incorporated into its construction permit and is thus

in

violation of Section 12(b) of the Environmental Protection

Act

(Act);

and that since June

3,

1975 and continuing to the

date of filing the complaint,

Respondent has operated its

wastewater treatment system without a certified Class

4,

Class

3, Class

2, or Class

1 treatment works operator in

violation of Rule 1201 and of Section 12(a)

of the Act.

A

hearing was held on June 13,

1978 at which a stipulated

agreement was submitted for Board acceptance.

This agreement provides that Respondent owns and operates

the campground in question.

The facility has the capacity for

approximately

60 to 70 motorized vehicles, tents or trailers at

one time.

The campground is only open during the summer months

and usually an average of 10 to 20 trailer sites are used at

any one time.

On June

4,

1974 the Agency issued to Boente a permit for

cor~structionand operation of a wastewater treatment plant at

Sherwood Glen Campground.

Some time after the issuance of the

permit Respondent caused or allowed the construction of the

wastewater treatment system and has operated it continuously

31-77

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from that date to the present.

The wastewater treatment dis-

charge drains into Shop Creek and flows through two tributaries

into the Kaskaskia River.

Standard condition No.

1 of Respondent’s permit states

that no deviations from the approval plan are allowed unless

revisions are submitted to and approved by the Agency first.

Respondent’s wastewater treatment plant contains several

deviations from the permitted plan including the following:

(1)

A non-recirculating intermittent sand filter

was constructed instead of the permitted

recirculating intermittent sand filter.

(2)

A single sand filter bed

27 feet by 65 feet

was constructed instead of the permitted two

sand filter beds,

each to be

20 feet by 25 feet.

(3)

Sand in the filter beds has an effective size

of

.24 millimeters, instead of the permitted

size of

.6 millimeters.

(4)

Plastic pipes were installed in the filter

beds instead of the permitted distribution

troughs.

(5)

Chlorination facilities were not installed

in accordance with the Permit.

(6)

The filter bed was constructed contrary to the

Permit in that it has no sidewall or freeboard

and has large gaps in the wall.

No revised plans were ever submitted to the Agency and no

supplemental permit was ever issued.

It is the Agency’s

contention that the treatment system as constructed is incapable

of satisfactory operation at design loadings.

The treatment works is designed to serve a population

equivalent of less than 10,000.

By the Agency Procedures for

the Certification of Operators of Wastewater Treatment Works,

a certified Class 4, Class

3, Class

2, or Class

1 treatment

works operator is required for this treatment system.

Respondent’s

system was operated without the required operator.

The Agency inspected Respondent’s treatment system on at

least 10 occasions and notified Respondent of deficiencies.

A

compliance conference was held on November 25,

1975.

Compliance

has never been achieved to the satisfaction of the Agency.

The parties agreed that the measures to be taken were technically

practicable and economically reasonable.

At present the campground is closed to the public and thus

no wastewater is being discharged by the treatment plant.

31-78

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—3—

For the purposes of settlement Respondent admits the violations

of Counts

I and II of the complaint.

The parties agree that the site is suitably located and

that the treatment facility could be constructed and operated

without polluting the waters of the State.

It was agreed that

the facility has significant social and economic value but

the continued failure to comply with the Act and the applicable

regulations constitutes a potential to injure or interfere

with the protection of property and general welfare of the

people.

Respondent agrees to close the campground to all uses and

not to reopen the site unless Respondent submits as-built plans

and makes modifications to the Agency’s satisfaction with all

the proper permits.

Respondent agrees to operate with the

proper permits and a properly certified operator will be

employed.

Considering the nature of conditions

at the subject site,

the size of Respondent’s operations, past attempts to achieve

compliance and other agreed to control arrangements, the

parties agreed to a $500.00 penalty.

The Board finds the stipulated agreement acceptable i~nder

Procedural Rule 331.

The stipulation sufficiently considers

the factors of Section 33(c)

of the Act.

The Board finds

Respondent in violation of Section 12(b)

of the Act and of

Rule 1201 of Chapter

3 and Section 12(a)

of the Act.

A penalty

of $500.00

is assessed.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

It is the order

of the Pollution Control Board that:

(~)

The parties shall comply with the stipulated

agreement which

is incorporated by reference as

if fully set forth herein.

(2)

Joseph F. Boente Sons,

Inc.

is found

to be in

violation of Rule 1201 of Chapter

3:

Water Pol-

lution Regulations and Section 12(a)

of the Act

and Section 12(b)

of the Act.

(3)

Respondent shall pay a penalty of $500.00 within

35 days of this order.

Payment

shall be by

31.79

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certified check or money order payable to:

State of Illinois

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois

62706.

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

Control Board,

hereby certify the above Opinion and Order were

a:ted

on the

~t~$~’

day of

__________,

1978 by a vote of

Christan L.

Moffe~t

,

lerk

Illinois Pollution

ntrol Board