ILLINOIS POLLUTION CONTROL BOARD

December

20, 1985

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

V.

)

PCB 85—105

VILLAGE

OF GLEN CARBON,

an

Illinois municipal corporation,

Respondent.

MS. CHRISTINE ZEMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON

I3EHM.1F

OF THE COMPLAINANT.

t•IR.

JOSEPH

T. KELLEHER,

JR., ATTORNEY AT LAW, APPEARED ON BEHALF

OF

THE RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by W.

J. Nega):

This matter comes before the Board on a six—count Complaint

filed

on July 12, 1985 by the Illinois Environmental Protection

Agency (Agency).

Count

1 of the Complaint alleged that:

(1)

intermittently

between January

1, 1980 and July 12, 1985

(including, but not

limited

to

,

June

28,

1983, April 13,

1984,

and April 19,

1984),

the

Respondent caused

or allowed raw sewage

to bypass the Glen

Carbon West treatment plant and enter

an unnamed

tributary

•to

Judy’s Branch at the manhole west of Sunset Road

in Glen Carbon;

(2)

intermittently between January

1,

1983

and July 1, 1983

(including, but not limited

to, June

29,

1983),

the Respondent

caused

raw sewage

to bypass

the Cottonwood Treatment Plant

as

the

Village occasionally pumped supernatant liquid from an aerobic

digester

at that plant

to the unnamed

tributary to Judy’s Branch;

(3)

intermittently between July 1,

1983

and August, 1983

(including, but not limited

to, August

25,

1983),

the Respondent

caused

raw sewage

to bypass part of the Cottonwood Treatment

Plant

as the

contents

of the clarifier tank were drained into

the

unnamed tributary to Judy’s Branch; and

(4)

intermittently

between October

1,

1981 and October, 1983,

the Respondent caused

raw sewage to bypass the Cottonwood Treatment Plant

in that

during periods when the main lift station was inoperable,

raw

sewage was bypassed from the screening pit at that plant

to

an

unnamed

tributary of Judy’s Branch in violation of

a condition of

the Respondent’s NPDES Permits and 35

Ill. Adm. Code 306.303 and

35

Ill Adm. Code 309.102(a)

and Sections 12(a)

and 12(f)

of the

Illinois Environmental Protection Act (Act).

Count

II alleged that, between January 17,

1980 and July 12,

1985,

the Respondent failed

to notify the Agency as required

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—2—

about many of the bypasses specified

in Count

I of the Complaint

in violation of

35

Iii. Adm.

Code 309.102(a)

and Sections 12(a)

and 12(f)

of

the Act.

Count III

alleged that,

intermittently between January 17,

1980 and July 12, 1985, during

the previously mentioned bypassing

of raw sewage

as set forth

in Count

I of the Complaint, effluent

from the Respondent’s three wastewater treatment plants appeared

brownish

in color

and

contained obvious levels of color,

odor,

and turbidity and the

unnamed tributary to Judy’s Branch

contained sludge

and bottom deposits, odor and unnatural color

arid

turbidity

in concentrations toxic

or harmful

to human,

animal, plant or

aquatic life in violation

of

35

Ill. Mm.

Code

302.203;

35

Iii.

Adm.

Code 304.105;

35 Ill. Mm.

Code 304.106

and

Section

12(a)

of

the Act.

Count IV alleged

that:

(1)

the bypasses of raw sewage

as

delineated

in Count

I of the Complaint were due

in part

to,

among

other factors,

inadequate

staffing,

failure

to provide

alternative pumping during power failures

or repairs, shortage of

hosing

and other

measures as were appropriate;

(2)

intermittently

since 1975 through July 12,

1985 (including, but not limited

to,

June

1,

1983, October

28,

1983

and November

4, 1983),

sludge

and

screenings were discharged to land

in that the Respondent placed

its

sludge from all three wastewater plants

along

the abandoned

Illinois Central Gulf Railroad property east of Glen Carbon along

which

lies

a tributary to Judy’s Branch; placed

its sludge on a

village baseball field on March 26,

1985;

allowed drainage

to the

ground

as the Village placed screenings

in open, leaking

trash

containers at

its Cottonwood Treatment Plant

and allowed bar

screens to drain onto

the ground

at the Glen Carbon West

Treatment Plant,

and

(3)

in light of items *1 and #2,

the

Respondent failed

to construct and operate its treatment plant

in

such

a manner

so as

to minimize violations during contingencies,

or

so

as to minimize discharges

of screenings and solids

to land

and

to Illinois waters

in violation of

its NPDES Permit

conditions

and

in violation of

35

Ill. Adm.

Code 306,102(a),

35

Ill.

Adm.

Code 309.102(a),

and Sections 12(a),

12(d)

and 12(f)

of

the Act.

Count V alleged that the Respondent’s discharge monitoring

report from its Cottonwood Plant submitted

to

the Agency for

the

time period of February 1,

1985 through February 28,

1985,

showed

a 30—day average suspended solids

(final) concentration of

20

mg/l and

a daily maximum fecal

coliform concentration of 24,800

per 100

ml

(as opposed

to an allowable 30—day average suspended

solids concentration of

12 mg/l and

an allowable daily maximum

fecal coliform count

of 400 per 100 ml

as

set by

its NPDES

Permit)

in violation of

35 Iii. Adm. Code 304.121,

35

11.

Mm.

Code 304.141(a),

35

Ill. Adm,

Code 309.102(a),

and Sections 12(a)

and 12(f)

of the Act.

Count VI alleged

that, from November

4,

1983 until March 14,

1985,

the Respondent’s chlorine discharge line at the Cottonwood

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Treatment Plant’s chlorination contact tank terminated

below

the

rim of the chlorine contact tank, with no break

in the line,

thus

allowing the potential

for contamination of the public

water

supply by way of

a cross—connection

and that on

I4arch 14,

1985,

the Respondent made alterations

to

the chlorine discharge line

pipe,

increasing

the distance from the end of the discharge line

pipe

to

the

rim of the chlorine contact tank in violation of

35

Ill.

Adm.

Code 607.104(b)

and 35

Ill. Mm.

Code 653.803(a)

and

Section

18

of the Act.

A hearing was held

on October

30,

1985 at which no members

of the public were present.

(R.

3;

R.

11).

The parties

filed

a

Stipulation and Proposal for Settlement on November

4,

1985.

The Village of Glen Carbon

(Village), which has

a population

of about

3,100,

is an Illinois municipal corporation located

in

Madison County,

Illinois

.

The Respondent owns and operates

three wastewater treatment plants known

as the “West Plant”,

“Cottonwood Plant”

and the “Glen Crossing Plant” which

are

operated pursuant

to respective NPDES Permits #1L0047881

(west

Plant);

IL0048356 (Cottonwood Plant);

and #1L0047878

(Glen

Crossing Plant).

The effluent from the Village’s three

wastewater treatment plants

is discharged into an unnamed

stream

tributary to Judy’s Branch, a navigable water

of the State

of

Illinois.

Because

the Village reapplied prior

to the expiration

dates of

its NPDES Permits and the Agency has not yet acted on

the reapplications,

all

of the Respondent’s NPDES Permits remain

valid

to the

present.

(Stip 3).

On October 12,

1983, the Agency sent the Respondent an

Enforcement Notice Letter pursuant

to Section 31(d)

of the Act

which delineated,

inter alia,

the violations resulting from the

Village’s frequently occurring bypasses that were observed by the

Pkgency’s field

inspector and

relayed

to the Village by this

inspector during his visits

to the Respondent’s wastewater

treatment facilities.

(Stip.

8).

Subsequently,

a meeting ~,as

held between representatives of the Village and the Agency

to

discuss operational deficiencies at the Respondent’s three

wastewater treatment plants.

Specific modifications and

improvements to plant operation and staff were recommended

by the

Agency.

(Stip.

9).

On March 14, 1985,

the Agency conducted

a detailed

inspection at the Village’s three wastewater

treatment plants

to

determine whether

the Village had completely implemented

the

improvements and modifications previously suggested by the

Agency.

(Stip.

9).

Significant improvements were noted

by the

Agency during this March 14, 1985 inspection.

(See:

Exhibit A

of Stipulation entitled “Compliance Survey Notes” pertaining

to

each

facility).

On March

6, 1985,

a

sludge permit application was sent

to

the Agency by Juneau Associates,

Inc.

on behalf of the Respondent

for Agency review and approval.

On May

10,

1985,

the Agency

67-87

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-.4

—

denied

the permit and requested various corrections and

additional

information.

On September 25,

1985, the Agency issued

the sludge permit to

the Village after

the necessary additional

information was received.

(Stip.

7).

At the hearing,

the past history and present status of the

Village’s compliance efforts were delineated.

(R.

5—11).

Approximately three

years ago,

the Respondent

initiated plans

tO:

(1)

construct

a new interceptor sewer system,

and

(2)

install

sewers

in

the unsewered portions and new areas of the Village.

The Village has indicated that a bid for the

first construction

work on the

interceptor sewer has been let to

a local contractor

and

it is anticipated by both the Respondent

and the Agency that

actual construction work will begin

soon.

When

the Village

first applied

to the Agency

for

a permit

to

construct and operate its new interceptor

sewer

system, three

preliminary alternatives were considered,

i.e.,

the Village

could:

(1) treat

its own sewage;

(2) transport its sewage to

the

City of Edwardsville

for treatment,

or

(3)

transport its sewage

to

the Madison County Special Service Sewer District No.

1 which

would

then transport the sewage to the Granite City sewer system

for treatment.

According

to

the Respondent,

after

careful

consideration of all three possible options,

it was decided that,

in accord with the Agency’s recommendations,

the Village should

transport

its sewage

to the Madison County Sewer District, and

they in turn would transport it

to Granite City for appropriate

treatment.

The Agency has already issued

a permit authorizing the

initiation of such sewage transport and the Village

is now

developing

the necessary infrastructure to accomplish this

transport.

When this project

is completed,

the Village

intends

to

abandon all three of its existing wastewater

treatment plants

and disconnect them from the system.

(R.

5—7).

The Village

would subsequently operate under

an intergovernmental agreement

with

the Madison County Special Service Sewer District No.

1 and

Granite City and others

for the future treatment

of its waste.

(R.

7).

The Agency has indicated that all three of the Respondent’s

wastewater treatment facilities

are scheduled

to be abandoned

sometime

in

1987

or

1988.

(Stip.

9).

In fact, the Agency has

noted that the Respondent

is currently

in Step II of a grant

project having

a priority number

of 522 which involves the

construction of an interceptor

sewer which will divert, all

the

Village of Glen Carbon’s flow to

the Granite City sewer

system.

(Stip. 9).

The Agency anticipates that construction work on the

appropriate sewers could commence this year.

The Respondent’s operation of its treatment plants and

effluent discharges were

the subject of a prior Agency

enforcement action before

the Board

in PCB 79—136

in which the

Village admitted its failure

to file the requisite reports and

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—5—

admitted the violation of specified effluent limitations and

inadequate sludge management.

The Board accepted the stipulation

and proposal

for settlement

in PCB 79—136;

ordered the Village

to

cease

and desist from further violations;

and imposed a

stipulated penalty of $1,000.00 payable

in four installments of

$250.00

each over

a

ten month time period.

(See:

Opinion and

Order of January

8, 1981 in PCB 79—136,

IEPA v. Village of Glen

Carbon).

In the present case,

the parties have filed

a Stipulation

and Proposal for Settlement in PCB 85—105 which they believe

is

appropriate.

The Agency has emphasized that “the public interest

will be best served by resolution of this enforcement action

...particularly

in light that the Village has improved

its

operation since

the Agency’s enforcement Notice Letter was sent

and

in light that its treatment facilities are scheduled to be

abandoned”.

(Stip.

9—10).

At the hearing,

the Agency reiterated

its position that “the Village has taken

the necessary

steps

to

bring

its facility into compliance”

and urged the Board

to accept

the proposed settlement agreement.

(R.

10—11).

The proposed settlement agreement provides that the Village

admits:

(1) violating conditions of its NPDES Permits and Board

regulations

in violation of 35

Ill. Adm. Code 306.303 and

309.102(a)

and Sections 12(a)

and 12(f)

of the Act as set forth

in Counts

I and II

of the Complaint;

(2)

violating the water

quality and effluent standard of the Board

in violation of

35

Ill. Mm.

Code 302.203, 304.105, and 304.106,

and Section 12(a)

of

the Act as set forth

in Count III of the Complaint;

(3)

allowing inadequate operation maintenance of

its three wastewater

treatment facilities

in violation of 35

Ill. Adm. Code 306.102(a)

and 309.102(a)

and Sections 12(a), 12(d),

and 12(f)

of the Act as

set forth in Count IV of the Complaint;

(4) violating 35

Ill.

Adm. Code 304.121, 304.141(a),

and 309.102(a)

and Sections 12(a)

and 12(f)

of the Act as set forth in Count V of the Complaint;

and

(5)

violating 35

Ill. Adm. Code 607.104(b) and 653.803(a)

and

Section 18 of the Act from November

4,

1983 to March 14, 1985

as

set forth

in Count VI of the Complaint.

(Stip. 10—11).

Additionally, the Village agrees to pay a stipulated penalty of

$2,000.00 into the Environmental Protection Trust Fund within 30

days

of the date of the Board’s Order;

to cease

and desist from

further violations;

and

to take specified steps which are

delineated

in a detailed

compliance plan.

(Stip.

11—13).

The

Board

notes that,

in reference

to condition 2d

&

2e,

it

is not

advisable

to set compliance dates prior

to Board action on

the

Stipulation.

In evaluating this enforcement action and proposed

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.

87-89

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—6—

The Board

finds

that the Respondent,

the Village

of Glen

Carbon,

has violated 35

Ill. Adm.

Code 302.203,

304.105,

304.106,

304.121,

304.141(a),

306,102(a),

306.303, 309.102(a),

607.104(b),

and 653.803(a)

and Sections 12(a), 12(d),

12(f),

and

18 of the

Act.

The Respondent will be ordered

to follow the

agreed—upon

compliance plan, cease

and desist from further violations,

and

to

pay

a stipulated penalty of $2,000.00 to the Environmental

Protection Trust Fund.

This Opinion 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.

The Respondent,

the Village of Glen Carbon, has violated

35

Ill. Adm.

Code 302.203, 304.105,

304.106, 304.121, 304.141(a),

306.102(a), 306.303, 309.102(a), 607.104(b),

and 653.803(a)

and

Sections 12(a), 12(d), 12(f),

and 18 of the Illinois

Environmental Protection Act.

2.

The Respondent shall cease

and desist from all further

violations.

Toward that end, the Village of Glen Carbon shall

continue agreed—to activities commenced on

the date of the

Stipulation and Proposal for Settlement.

These

are,

at

a

minimum,

to:

a.

submit

timely notices of non—compliance

to

the Agency as

required by

its NPDES Permits;

b.

remove

sludge on a regular basis

at the Main and

Cottonwood sewage treatment plants by a recirculation

treatment program;

c.

provide the necessary labor and materials for:

(1)

appropriate operation and maintenance drainage from

screening at Cottonwood Sewage Treatment Plant

(STP);

(2)

appropriate maintenance and replacement of broken

and clogged diffusers at Cottonwood STP and each

STP as necessary;

(3)

appropriate repairs, replacement and maintenance of

aerobic or clogged diffusers at Cottonwood STP and

each STP as, necessary;

(4)

repairs or

replacement of exhaust fans at Main lift

station as necessary;

67-90

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—7—

(5)

repair

or replacement of dehumidifiers at Main lift

station as necessary.

(6)

appropriate repair/replacement of alarm system and

light at Hillcrest lift station as necessary;

(7)

transfer of chlorine gas cylinders from the lower

level

of the service building to the out of ‘doors

with anchors and protection from direct sunlight.

d.

within 14 days of the filing of the Stipulation, prepare

an emergency plan to provide sufficient staff, training

and portable pumps so as

to prevent bypassing of raw

sewage

at any of the three plants or on the sewer

system,

prevent overflows from any manholes or lift

stations and prevent basement backups, said plan

to be

submitted

to the IEPA, Collinsville FOB office, for

review and comment;

e.

within 28 days of the filing of the Stipulation, submit

a construction and operating (“as built”) permit

application

to the Agency for

the sanitary sewer

extension constructed by the Village on October, 1984,

tributary directly to the lift station on Merdian Hills

Road.

3.

Within

30 days of the date of

this Order,

the Respondent

shall, by certified check or money order payable

to the State of

illinois and designated

for deposit into the Environmental

Protection Trust Fund, pay the stipulated penalty of $2,000.00

which is

to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

4.

The Respondent shall comply with all the terms and

conditions of

the Stipulation

and Proposal

for Settlement

filed

on November

4,

1985,

which

is incorporated by reference

as

if

fully

set forth herein.

IT

IS SO ORDERED.

67-91

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—8—

Board

Member

3.

Theodore Meyer dissented.

I, Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Opinion and Order was

adopted on the

______________

day of

~

,

1985 by a vote

of

(~‘‘/

/~

4

~L

7)~i±1~::~~

Dorothy

M.

dunn,

Clerk

Illinois Pollution, Control Board

67-92