ILLINOIS POLLUTION CONTROL BOARD
    September 29,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74—258
    PRESTON UTILITIES CORPORATION,
    )
    an Illinois Corporation,
    Respondent.
    Mr.
    James K. Jenks, Assistant Attorney General, appeared on
    behalf of the Complainant;
    Mr. Mark
    H.
    Virshbo and Mr. Glenn E.
    Nelson,
    Isham, Lincoln
    and Beale, 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 July
    8,
    1974,
    complaint of the Environmental
    Protection Agency
    (Agency)
    against Preston Utilities Corporation
    (Preston),
    an Illinois Corporation.
    The complaint charges
    Preston with violation of Section 12(a)
    of the Environmental
    Protection Act
    (Act)
    and Rule 403 of the water regulations
    from July
    1,
    1970 to the date of filing;
    Rules 203(a)
    ,
    404,
    501,
    1002 of the Water Regulations;
    and Section 12(b)
    of
    the Act and Rule 903(a)
    of the Water Regulations from June
    30,
    1974 to the date of filing of the complaint herein.
    Two
    hearings were held,
    August 23
    1974,
    and August 20,
    1975,
    respectively.
    At the final hearing a stipulation and settlement
    proposal was read into the record.
    Preston is a privately-owned public utility providing
    sewer service to 795 residential and commercial customers in
    Joliet Township, Will County,
    Illinois.
    Preston collects
    domestic wastes through 6.2 miles
    of sewer mains and treats
    said wastes in a 200,000 gallon/day capacity primary treatment
    plant consisting of a lift station, meter, Yeoman Spirogester,
    and gas chlorinator~
    The effluent is discharged from the
    plant to Hickory Creek,
    approximately one mile from its
    confluence with the Des Plaines River downstream of Lockport
    (Stip.
    2).
    18
    —
    597
    —2—
    Preston admits that the BOD and SS concentrations of
    its effluent from its primary treatment plant exceeded the
    limits imposed by Rule 404 of the Water Regulations and that
    the fecal coliform concentrations
    of the effluent exceeded
    the limit imposed by Rule 405 of the Water Regulations on
    those dates set forth in the complaint
    (Stip.
    3).
    Preston also admits that,
    since March
    7,
    1972,
    it has
    discharged
    the effluent from its treatment plant into the
    waters of the State of Illinois without submitting operating
    reports
    to the Agency required pursuant to Rule 501(a)
    of
    the Water Regulations.
    In addition, Preston admits that
    it
    has not filed a Project Completion Schedule required by Rule
    1002 of the Water Regulations
    (Stip.
    3).
    Finally, Preston admits that
    it has been operating
    its
    primary treatment plant, since June
    30,
    1974, without an
    Agency issued operating permit required pursuant to Rule
    952(a)
    of the Water Regulations
    (Stip.
    4).
    Preston has entered into
    an agreement with City of
    Joliet whereby Preston will construct a connection of its
    present outfall into Hickory Creek with the influent manhole
    of the City’s East Side Sewage Treatment Plant.
    Joliet
    would then treat Respondent’s wastewater at a charge to
    Preston according to the City’s tarriff for its extracorporate
    customers.
    Preston agrees
    to pay a stipulated penalty of $4,000.00
    for its violations of the Act and Water Regulations.
    In
    addition, no later than October
    15,
    1975, Preston will file
    with the Agency an application for a permit to construct
    a
    connection of its present outfall into Hickory Creek with
    the City of Joliet’s inceptor main at the City’s East Side
    Sewage Treatment Plant and Preston will file for all other
    necessary permits.
    Within
    30 days of the receipt of all necessary permits,
    Preston, pursuant to its memorandum of agreement with Joliet,
    will request an easement for construction and will place
    orders for construction materials.
    After receiving a construction permit, Preston agrees
    to submit progress reports
    to the Agency’s Compliance Program
    Coordinator,
    2200 Churchill Road,
    Springfield,
    Illinois,
    every
    30 days.
    Preston also agrees to commence construction
    within
    30 days of its receipt of the required materials at
    the site,
    and baring any delays caused by forces beyond
    Respondent’s control,
    to complete construction within
    90
    days of its commencement.
    18
    —
    598
    —3—
    The Board finds Preston’s proposed settlement to be a
    viable means of ending its polluting of the State’s Waters
    and therefore accepts the Agreement.
    The Board further
    finds that Preston has violated Section
    12(a)
    of the Act and
    Rule 403 of the Water Regulations from July
    1,
    1970 to
    July
    8,
    1974; Rules
    203(a),
    404,
    501,
    1002 of the Water
    Regulations on those dates specified in the complaint;
    and
    Rule 903(a)
    of the Water Regulations and Section
    12(b)
    of
    the Act from June
    30,
    1974,
    to July
    8,
    1974.
    The Board
    assesses the stipulated penalty of $4000.00 for said violations.
    This Opinion constitutes the findings of fact and
    conclusions of
    law of the Board in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board
    that:
    1)
    Respondent Preston Utilities is found to have
    violated Section 12(a)
    of the Act and Rule 403 of the Water
    Regulations from July
    1,
    1970 to July
    8,
    1974;
    Rules 203(a)
    404,
    501,
    1002 of the Water Regulations on those dates
    specified in the Complaint;
    and Rule 903(a)
    of the Water
    Regulations and Section
    12(b)
    of the Act from June
    30,
    1974
    to July
    8,
    1974;
    and
    2)
    Respondent Preston Utilities shall pay as a stipulated
    penalty the sum of $4000.00,
    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)
    By no later than October 15,
    1975, Respondent will
    file with the Complainant an application for a permit to
    construct a connection of its present outfall into Hickory
    Creek with the City of Joliet’s interceptor main at the
    City’s East Side Sewage Treatment Plant and will file application
    for other necessary permits; and
    4)
    Within 30 days of its receipt of the last of the
    necessary permits, Respondent will request the City to grant
    an easement for the construction pursuant to Respondent’s
    Mcrnorandum of Agreement with the City and will place orders
    for the materials which will be required for the construction;
    and
    18—599
    —4—
    5)
    Subsequent to its receipt of the construction
    permit from Complainant, Respondent will submit progress
    reports to Complainant’s Compliance Program Coordinator,
    2200 Churchill Road,
    Springfield, Illinois,
    every 30 days;
    and
    6)
    Within
    30 days of its receipt of the required
    materials at the construction site, Respondent will commence
    construction; and
    7)
    Subject to delays due to adverse weather or river
    conditions,
    labor disputes,
    or other causes beyond Respondent’s
    reasonable control, Respondent will complete construction
    within
    90 days of commencement.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above 0 in~onand Order
    were adop~edon the
    _________
    day ~
    1975 by a
    Christan L.
    Moffett
    erk
    Illinois Pollution
    rol Board
    18
    —
    600

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