ILLINOIS POLLUTION CONTROL BOARD
    February 5,
    1981
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 79—42
    )
    VILLAGE OF PORT BYRON,
    an Illinois Municipal
    Corporation,
    Respondent.
    MR. ALFRED RYAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    LYTTON, DALTON
    & LYTTON,
    ATTORNEYS AT LAW
    (MR. JULIUS LYTTON,
    OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the February 26,
    1979
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    The Complaint alleged that the Village of Port Byron
    (“Village”) operated its sewage treatment plant without a properly
    certified operator and failed to submit the requisite semiannual
    discharge monitoring reports and operating reports to the Agency in
    violation of its NPDES Permit,
    Rules 501,
    901, and 1201 of
    Chapter 3:
    Water Pollution Control Regulations (“Chapter
    3”), and
    Sections 12(a), 12(h), and 12(f)
    of the Illinois Environmental
    Protection Act (“Act”).
    A hearing was held on December
    15,
    1980.
    On December 29,
    1980, the parties filed a Stipulation and
    Settlement Agreement.
    *
    The Village of Port Byron is an Illinois municipality which
    owns and operates a sewage treatment facility which discharges
    wastewater into an unnamed tributary of the Mississippi River
    *Although the settlement agreement was not signed at the time o1~
    the hearing, the substance of the Stipulation filed on December
    29,
    1980 was presented.
    The Board finds that Procedural Rule 331 has
    been substantially complied with.
    40—393
    —2—
    pursuant to its NPDES Permit No.
    IL 0023507.
    This NPDES Permit
    requires that the Village submit semiannual discharge monitoring
    reports to the Agency.
    (Stip.
    2).
    The Agency contends that,
    from
    July 19, 1977 until
    March,
    1979, the Respondent failed to submit
    the necessary discharge monitoring reports to the Agency.
    On the
    other hand, the Village states that the appropriate discharge
    monitoring reports were submitted since May 31, 1978.
    However, the
    Agency has indicated that a search of its records reveals no
    discharge monitoring reports for the period from June,
    1978 until
    March,
    1979.
    According to the Agency, it has been receiving these
    reports only since April,
    1979.
    (Stip.
    3).
    The parties have stipulated that, from January,
    1977 until
    November,
    1980, the Village has not had a properly certified
    Class
    4 operator for its sewage treatment plant.
    (Stip.
    3).
    However, at the hearing, the Respondent’s attorney indicated
    that.
    they did have a certified operator for a period of time but fai1e~
    to notify the Agency of this fact.
    (R.
    8-9).
    Accordingly. the
    Village has no objection to the statements made in the Stipulation
    and intends to submit to the Agency a copy of an employment
    contract which specifies the status
    and duties of the currently
    certified operator.
    (R.
    9).
    The proposed settlement agreement provides that the Village
    shall:
    (1) properly operate and maintain its sewage treatment
    facilities;
    (2) submit the necessary discharge monitoring reports
    and comply with the provisions of its NPDES
    Permit;
    (3)
    employ
    a
    properly certified wastowater treatment operator;
    and
    (4) pay a
    stipulated penalty of $700.00
    In evaluating this enforcement action and proposed settiemen~:
    agreement, the Board has taken into consideration all the facts
    and circumstances in light of the specific criteria delineahed
    in
    Section 33(c)
    of the Act.
    The Board finds the settlement
    agreement:
    acceptable under Procedural
    Rule 331 and Section 33(c)
    of the Act.
    The Board finds
    that the Respondent, the Village of Port Byron,
    has violated Rules 501,
    901
    and 1201
    of Chapter 3:
    Water Pollutiei~
    Control Regulations and Sections 12(a),
    12(b), and 12(f)
    of the Act
    and hereby assesses the stipulated penalty of $700.00 against the
    Pespondent.
    This Opinion constitutes the Board’s findings of fact an~
    conclusions ~f law in this matter.
    ORDER
    It
    is the Order of the Illinois Pollution Control Board th~l:
    1.
    The Respondent, the Village of Port Byron, has violatec~
    Rules 501,
    901;
    and 1201 of Chapter 3:
    Water Pollution Controi
    Regulations and Sections 12(a),
    12(b), and 12(f)
    of the Illinois
    Environmental Protection Act.
    40—394
    —
    .)
    —
    2.
    Within 30 days of the date of this Order,
    the Respondent
    shall, by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty of $700.00 which is to be
    sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation and Settlement Agreement filed
    December
    29, 1980, which
    is incorporated by reference as if fully
    set forth herein.
    Chairman Dumelle concurs.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify tha~tthe above Opinion and Order were~adopted
    on the
    ______
    day of
    ~
    _,
    1981 by a vote of
    ~
    L~
    ~
    Christan
    L. Moffet~J/C1erk
    Illinois Pollution Cbntrol
    Board
    40—395

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