ILLINOIS POLLUTION CONTROL BOARD
November 22, 1974
)
ENVIRONMENTAL PROTECTION AGENCY
)
)
)
v.
)
PCB 73-282
)
)
)
ADOLPH RAYMOND AND JOSEPH NOVELLE
)
)
MR. JAMES JENKS, ASSISTANT ATTORNEY GENERAL, appeared on behalf
of the Environmental Protection Agency
MR. ROBERT A. NOVELLE, SERPICO, STAMOS, NOVELLE, DVORAK,
NAVIGATO ~ HETT, LTD. appeared on behalf of Respondents;
OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
This enforcement action was filed by the Agency on July 12,
1973 and an amended complaint was filed on August 3, 1973.
A hearing was held on May 28, 1974 at which time a Stipulation
and Proposal for Settlement was presented for the Board’s consider-
ation. It was admitted by the Agency that Respondent was then
in full compliance and had been since about June 1, 1973, before
the complaint was filed.
I. STATEMENT OF FACTS
Respondents own and operate a mobile home park on an
approximately thirty acre site located on property at the
southeast corner of the intersection of U.S. Route 14 and
Sand Road, approximately two miles east of Crystal Lake, in
McHenry County, Illinois.
Development of the site was begun in approximately August,
1971. The site was developed for an intended capacity of approxi-
mately 200 mobile homes.
On July 10, 1972, the Illinois Environmental Protection
Agency issued permit #1972-GA-776 to Respondents to install,
own and operate at the site a contact stabilization activated
sludge sewerage treatment plant, complete with graded media,
tertiary filter, chlorination facilities, and related appurtenances
(hereinafter referred to as “treatment plant”).
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-2-
On approximately April 16, 1972 Respondents constructed
a septic tank system and a holding tank with an aeration device
which were intended for interim use with approximately 8 trailers,
and were so utilized, until such time as the permitted treatment
plant was completed.
The treatment plant was completed and its satisfactory
operation was begun on approximately June 1, 1973.
Shortly after the treatment plant began operation in
June, 1973, the aerated holding tank and septic tank system
were disengaged and removed.
Respondents admit that they constructed, installed and
operated the aerated holding tank and septic tank system
from April 16, 1972 to June 1, 1973 without construction or
operating permits having been granted by the Illinois Environ-
mental Protection Agency (hereinafter “Agency”), having
only secured a permit to construct such facilities from the
Public Health Department of McHenry County.
II. COMPLAINT
A violation of Section 12(c) of the Environmental Protection
Act (Ill. Rev. Stat. Ch. 111-1/2 Section 10l2(c)(l971))(hereinafter
“Act”), by constructing or installing a septic tank system without
a permit granted by the Agency.
A violation of Rule 901(a) of Chapter 3 of the Illinois Pollu-
tion Control Board Rules and Regulations of (hereinafter “Chapter
3”) for causing or allowing the construction of the septic tank
system without a Construction Permit issued by the Agency.
A violation of Rule 902 •of Chapter 3 for operating the
septic tank system without an operating permit granted by the
Agency.
A violation of Section 12(b) of the Act for operating the
septic tank system without permits granted by the Agency.
A violation of Section 12(b) of the Act for constructing
and installing the aerated holding tank without an Agency Permit.
A violation of Rule 901(c) of Chapter 3 for causing or
allowing the construction of the aerated holding tank without
a Construction Permit issued by the Agency.
A violation of Rule 902 of Chapter 3 for causing or allowing
the operation of the aerated holding tank without an operating
permit issued by the Agency.
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—480
-3-
A violation of Section 12(b) of the Act for operating
the aerated holding tank without a permit issued by the Agency.
A violation of Rule 405 of Chapter 3.
III. SETTLEMENT
The Agency and Respondents are in agreement that it is in
the Public Interest to resolve the action by Respondents paying
a penalty of $1700. The Board concurs in this resolution.
The question of whether permits are required for septic
tank installations
was examined by the Board. An order entered
July 11, 1974 resulted in an Agency submission of September 19,
1974 showing 120 septic tank permits granted in the period from
April 1972 to June 1974. Thus it was established that a regular
Agency practice existed to require such permits.
And a reading
of the Water Pollution Regulations shows that the definition of
“treatment works” does cover septic tanks.
The inquiry and
examination were made because the Board, in late 1970, had
asked the Institute for Environmental Quality to study septic
tank problems with a view toward possibly establishing
a permit
system for them.
The report, Septic Tanks and the Environment
by Dr. James Patterson of the Illinois
Institute
of Technology,
was released June 1971. However, no regulation was proposed
for septic tank systems after the report was issued. Hence the
confusion as to whether systems over 15 P.E. (this case) should
be required to have permits.
And while no mention appears of this
subject in the Board Opinion of March 1972
we
so interpret
the
regulation.
Septic tanks, if placed on poorly percolating
soils can cause surface pollution.
And
if placed on or above
certain other strata(fractured
limestone, for example) can cause
ground water pollution.
Permits, for septic systems over 15 P.E.,
will enable the Agency to regulate at least these larger
systems so as to prevent pollution.
ORDER
IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that Respondents
shall pay a penalty of $1700 for the violations cited. Payment
shall be made within 90 days from the date of this Order by
certified check or money order made payable to the State of Illinois,
Fiscal Services Division, Environmental Protection Agency,
2200 Churchill Road, Springfield,
Illinois
62706.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, l~erebycertify the ove Opinion and Order were adopted on
the
~
day of
_________________,
1974 by
a vote of ‘/..p
~
Illinois Pollution ontrol Board
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