ILLINOIS POLLJ~JTID~CY’~TROL3O~RD

January 22, 

1987

ILLINOIS E:~VIRDNMENTAL

PROTECTIO~ A3E.~ICY,

Complainant,

)

PCB 86—32

CITY OF SYCAMORE,

)

a municipal corporation,

)

Respondent.

3PI~ID’~~iJ ORDER 

T-IE t3O~RD (by R. C. Fl~n~.l):

This matter comes before the Board upon a settlement

sti?Ulati)-1 (“stioulation”) filed by the Illinois Environmental

Protection Agency (“Agency”) and the City of Sycamore

(“Sycamore”) at hearing held in this case on December 18, 1996.

Two exhibits were also introduced at hearing as part of the

Sti?UlatiOn. No other exhib~ts or testimony, were oresented at

hearing.

This orocee3in9 was initiatel by the filing of a six—count

complaint by the Agency on March 5, 1986. The Agency

subseguently filed a First Amen5ei Comolaint on June 27, 1936.

The First Amended Complaint alleges violations of Sections 12(a)

and 12(b) of the Act, as well as violations of Sections 306.102,

306.303, 306.304, 306.305, 309.202, 309.203, 312.101, 380.401,

an~ 339.501 of the water pollution regulations. These alleged

violations are said by the Agency to have occurred as a result of

the installation and use of a byoass from Sycamore’s north

wastewater treatment plant to the Kishwaukee River. The bypass,

which the s~ipu1ati~nstates was installe3 on June 8, 1993, was

used to relieve flooding and basement backups within Sycamore.

The stipulation contains assertions that are non—binding and

binding in nature. Included among the former are statements that

there are problems with Sycamore’s system that must be remedied

to prevent future bypassing violations after proper engineering

and investigation; that Sycamore has commissioned an engineering

study in order to provide remedies; and that future plans for

cornoliance and additional control meas~ires include retention of

the firm of Greeley and Hansen to perform a study of the possible

causes of the problems of the system and the remedies available.

The binding language found in the stipulation commits

Sycamore to, inter ali3, comoly with the Act and the Board’s

water pollution regulations; abide by all terms and conditions of

75-30

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all permits issued to

it by the Agency; take “all reasonable and

practical measures to eliminate any

and

all problems with its

sewer system”, and to do so within a “reasonable” length of time

following compl?tion of the aforementioned engineering study and

pay a penalty of $9,000.00 into the Environmental Protection

Trust Fun3.

In evaluating this enforcement action and orooosed

settlement agreement, the Board has taken into consideration all

the facts and circumstances in light of the specific criteria

delineated in Section 33(c) of the Act and finds the settlement

agreement acceptable under 35 Ill. Adm. Code 103.180. Moreover,

the Board finds the stipulated penalty to be necessary to aid in

the enforcement of the Act. Accordingly, the Board will order

Sycamore to pay the stipulated penalty of $9,000.00 into the

Environmental Protection Trust Fund and comply with the other

provisions of the stioulation, as agreed—upon by the parties.

This Ooinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board

that:

1. Respondent has violated Sections 12(a) and (b) of the

Environmental Protection Act, and has operated its plant

without a Class I ooerator.

2. Within 45 days from the date of this Order, the City of

Sycamore shall, by certified check or money order

payable to the State of Illinois and designated for

deoosit into the Environmental Protection Trust Fund,

pay the stipulated penalty of $9,000.00 to:

Illinois

Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

3. The City of Sycamore shall comply with all the terms and

conditions of the Stipulation and Proposal for

Settlement filed on December 18, 1986, which is attached

and incorporated by reference as if fully set forth

herein.

IT IS 33 ORDERED.

Board Member 

.3.

Theodore Meyer dissented.

75-31

—3—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the a ove Opinion and Order was

adopted on the ~  

day of   

1987, by a vote

f

Dorothy M./Gunn, Clerk

Illinois Pollution Control Board

75-32

sET:LEMENT STIPULATION         

DEC 2 3 !9E

ST&TE OF flJ ~

This stipulation is entered into pursuant to the c~Lt~1~

Procedures of the Rules and Regulations of the Illinois Pollution

Control Board by Carey Cosentino, on behalf of Neil liartigan,

Attorney General for the Illinois Environmental Protection

Agency (Agency), and Charles L. Fierz, authorized representative

and City Attorney for the City of Sycamore (City)

WHEREAS, the nature of and reasons for this settlement

are to impose sanctions on City for past violations as set forth

herein, to deter same 

the future, and to acknowledge the

necessity of same without future remedial action, and the

purpose is to promote cooperation between Agency and City in

order to minimize water pollution; and

WHEREAS, 

the parties agree that the statement of facts

contained herein represents a fair summary of the evidence 

and

testimony which would be introduced by the parties if a full

hearing were held. The parties further stipulate that this

statement 

of facts is

made and agreed upon for purposes of

settlement only and that neither the fact that a party has

entered into this stipulation, nor any of the facts stipulated

herein, shall be introduced into evidence in this or any other

proceeding except to enforce 

the terms hereof

by the parties to

this agreement.

NOW, 

THEREFORE, IT IS STIPULATED THAT:

1. a. City owns and operates a wastewater collection

and

treatment facility “system” consisting of sewers and treatrnen

75-33

plant.

b. During heavy rainfall, City experiences flooding and

basement backups~

~

c. On June 8, 1983 

City installed a bypass to relieve

said flooding and backups with discharge flowing to the

~,. vc~it

~(ishwaukeeRiver, defined as contaminants ~*~e-~ Ill. Rev. Stats.

Ch. ll1~, para. 1012 (a) without a permit under para. 1012 (b)

Further City has operated its plant without a Class I operator.

d. There are problems with City’s system that must be

remedied to prevent future bypassing violations after propnr

engineering and investigation.

2. City has commissioned an engineering study in order

to provide remedies.

3. Past violations were due to the necessity of avoiding

flooding, basement back-up and consequent damage to the health

and property of residents. The impact on the public resultinc

from such violations has been to adversely affect the environmeni

4. Future plans for compliance and additional control

measures include retention of the firm of Greeley and Hansen

to perform a study of the possible causes of the problems of

the system and the remedies therefore. A copy of said firms

initial findings (Exhibit 1) and comments (Exhibit 2) on the

complaint herein, is attached hereto.

WHEREFORE, IT IS AGREED:

A. The parties believe the public interest will be best

served by the resolution of this enforcement action under the

—2--

75,34

terms provided herein. In accordance with the procedure for

settlement described in 35 111.Adm.Code 103.180, the parties

offer this stipulation and proposal for settlement in lieu of

a full evidentiary hearing.

B. This stipulation for settlement is expressly conditioned

upon, and effective only

with, approval hereof in all respects

by the Board, and anything contained herein shall be null and

void and not used

for any purpose whatsoever in the event the

Board fails to approve these terms of settlement in all respects

and incorporate same in a final Board Order.

C. Respondent, City of Sycamore, shall comply with the

Illinois Environmental Protection Act, the Pollution Control

Board’s Water Pollution Regulations contained in Subtitle C,

Title 35 of the Illinois Administrative Code in addition to the

terms of this stipulation and proposal for settlement.

D. Respondent agrees to abide by all terms and conditions o:

all permits issued to it by the Agency.

E. Respondent agrees to take all reasonable and prac-

tical measures to eliminate any and all problems with its

sewer system. Respondent shall have a reasonable length of

time in which to do sc following completion of the aforesaid

engineering study.

F. Respondent, City of Sycamore, agrees to pay a penalty

specified

in this paragraph in order 

to avoid the substantial

costs, inconveniences and uncertainties of further litiga-

tion. In order to resolve this dispute and as a condition of

settlement, Respondent agrees to pay a penalty of nine thousand

75.35

—3—

dollars ($9,000.00) into the Environmental Protection Trust Fund

within forty-five (45) days from the date on which the Board

adopts a final order approving, accepting and incorporating this

stipulation and proposal for settlement. The Agency deems the

payment to be appropriate to aid in the enforcement of the Act

under the circumstances.

WHEREFORE, Complainant and Respondents jointly request

that the Board adopt and accept the foregoing stipulation and

proposal for settlement as written.

FOR COMPLAINANT           

FOR RESPONDENT

ILLINOIS ENVIRONMENTAL PROTECTION  CITY OF SYCAMORE

AGENCY

BY:(7’~~4~, 

~ 4~A~

(L~

BY:~  

•-‘-/

DATED: _______________________   

DATED: 

(~j

/

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75.36