ILLINOIS POLLUTION CONTROL BOARD
    October 22, 1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    v.
    )
    PCB 79—272
    COMMONWEALTH EDISON COMPANY,
    an
    )
    Illinois Corporation
    (Will County
    )
    Station),
    Respondent.
    MR. WILLIAM
    E. BLAKNEY, ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE COMPLAINANT;
    MS.
    SUSAN B.
    PROCTOR, ISHAM, LINCOLN & BEAL, APPEARED ON BEHALF
    OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    This matter comes before the Board upon a complaint which
    was filed by the Illinois Environmental Protection Agency (Agency)
    on December 21, 1979,
    alleging that the Commonwealth Edison
    Company (Edison)
    violated Rules 404,
    405,
    408 and 901 of
    Chapter
    3:
    Water Pollution,
    and Section 12 of the Illinois
    Environmental Protection Act (Act).
    On January 28,
    1980,
    Edison
    moved to consolidate this matter with PCB 79—273, —274, —275
    and 78—272.
    That motion was denied by the Board on February
    7,
    L980.
    Hearing was held on September 16, 1981 at which time
    a settlement agreement was presented.
    No members of the public
    were present.
    Edison owns and operates
    a coal-fired generating station
    located in Will County which discharges contaminants to the
    Chicago Sanitary and Ship Canal and the Des Plaines River
    from several points.
    On June
    9,
    1977 the Board granted Edison
    a variance for certain of these discharges until March
    1,
    1979
    (PCB 77—13,
    25 PCB 703).
    In May of 1978 the discharge of slag tank supernatant
    contained levels of total iron in excess of the applicable
    variance (Stip.
    3).
    From about June
    9, 1977 to about March
    1,
    1979, the discharge of the ash settling basin filtration plant
    contained levels of total suspended solids in excess of the
    applicable variance standards
    (Stip.
    3).
    During that same
    period the discharge of the limestone scrubber system contained
    lead in excess of standards
    (Stip.
    4).
    From about December
    30,
    1976 to about July 1, 1978 the plant house service water
    43—509
    —2—
    and miscellaneous wastes discharges contained pH levels not
    authorized by Edison’s NPDES Permit No.
    1L0002208
    (Stip.
    5).
    During March of 1979 the discharge of the ash settling basin
    filtration plant contained levels of total iron in excess of
    applicable standards
    (Stip.
    6).
    From March
    2,
    1979, to July 19,
    1979, the discharge of the boiler blowdown contained excess
    levels of copper and iron (Stip 6).
    During the same period
    the discharge of the miscellaneous waste treatment plant con-
    tained levels of total suspended solids,
    total
    iron, and pH
    which were all in violation of applicable standards
    (Stip.
    6—7).
    These discharges constitute violations by Edison of Rule 408
    of Chapter
    3, and thereby of Section 12 of the Act.
    From about December 30,
    1976 to July 20,
    1979, the effluent
    discharged from the sewage treatment facility has contained
    levels of BOD,~and fecal coliform in excess of applicable
    standards, violating Rules 404,
    405 and 901 of Chapter
    3 and
    thereby Section 12 of the Act (Stip.
    8—9).
    From about July 20, 1979 to December 21,
    1979 the boiler
    blowdown discharge contained suspended solids and total copper
    in excess of applicable limitations
    (Stip. 10—11).
    During
    the same period the effluent discharged from Edison’s sewage
    treatment facility contained fecal
    coliforrn and suspended
    solids
    in excess of applicable standards
    (Stip.
    11).
    These
    discharges constitute violations of Chapter 3, Section 12 of
    the Act,
    and Edison’s NPDES permit.
    The Agency and Edison agree that these violations created
    a potential for injury to and interference with the health,
    general welfare and physical property of the people of the
    State,
    and that
    a $10,000 civil
    penalty should be assessed
    (Stip.
    11—12).
    They also agree that Edison shall cease and
    desist from these violations
    (Stip.
    12).
    In order to assess whether the penalty is appropriate,
    the Board would prefer to have more specific information regard-
    ing the environmental harm,
    if any, caused by these violations.
    However, given the points of discharge and the lack of any
    adverse public reaction at hearing, the Board
    finds the penalty
    to he reasonable.
    The Board therefore finds the stipulated
    agreement acceptable under Section 33(c) of the Act and Pro-
    cedural Rule 331.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    Commonwealth Edison Company has violated Rules 404,
    405,
    408 and 901 of Chapter
    3:
    Water Pollution, and Section
    12 of the Act.
    2.
    It is hereby ordered that Edison shall cease and desist
    from any and all violations of the Act and Rules 404,
    43—510
    —3—
    405,
    408 and 901 of Chapter 3 for all discharges at the
    Will County Station,
    and otherwise comply with all terms
    and conditions of the Statement of Stipulated Settlement
    filed in this matter on September 22,
    1981, which is
    incorporated by reference as if fully set forth herein.
    3.
    Within 30 days of the date of this Order,
    Edison shall,
    by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty of $10,000 which is
    to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby c~rtifythatA
    tI’e
    above
    Opinion
    and
    Order
    wa~adoptedon the~~~’~
    day of
    ~
    1981 by a vote
    Christan
    L.
    Moffet,~t~,Clerk
    Illinois Pollutior~—~äntrolBoard
    43—511

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