ILLINOIS POLLUTION
CONTROL
BOARD
May
29,
1980
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Compl a i riant,
v.
)
PCR
78—232
VT fLAG
OF
VJYT\NET,
a
Mun
ic~
i
pal
Corpora
Lion
Respondent.
MR.
DEAN
HANSELL,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON BEHALF
OF
THE
COMPLAINANT.
MR.
WILLIAM
C.
ROUNDS,
VILLAGE
ATTORNEY,
APPEARED
ON
BEHALF
OF
TEE
RESPONDENT.
OPINION AND ORDER OF TEE BOARD
(by Board Member Werner):
This matter comes before the Board on
the
August
25,
1978
Complaint brought by the
Illinois
Environmental
Protection Agency
(“Agency”).
Count
I of
the
Complaint
alleged
that the Respondent
failed
to
submit
reporLs
and
perform analyses
pertaining
to
biochem~cai
oxygen
demand
,
total
suspended
solids,
and
focal
coli
form
levels
in
effluent
discharges
From
its
sewage
treatment:.
facility
(“facility”)
as
required
by
its
NPDES
Permit
in
violation
of
Rule
901
of
Chapter
3:
Water
Pollution
Control
Regulations
(“Chapter
3”)
and
Sections
12(a),
12(b),
and
12(f)
of
the
Illinois
Environmental
Protection
Act
(“Act”).
Count
II
alleged
that,
from
October
23,
1977 until August 25,
1978
(including,
hut not limited
to, January
5,
1978),
the Respondent removed some of
the
necessary
water treatment units
from service, thereby failing to provide
optimum operation and maintenance of the existing waste treatment
facility to produce
as high quality effluent as reasonably possible
in violation of Rule 901 of Chapter
3 and Sections 12(a),
12(b),
and 12(f)
of the Act.
Count III alleged
that,
from October
23,
1977 until August
25,
1978, the Respondent
failed to provide an
adequate, duly~qualifiedoperating staff
to
carry
out
the
operation, maintenance, and testing functions required to insure
compliance with the conditions of its NPDES Permit in violation of
Rule
901
of Chapter
3 and Sections
12(a),
12(h),
and 12(f)
of the
Act.
Count IV alleged that,
from April
29,
1975 until
August
25,
1978, the Village
of Nyanet
(“Vi11age~’) failed
to
submit
any
operating reports to the Agency in violation of Rule 501 of
Chapter 3 and Section
12(a)
of the Act.
Count V alleged that,
—2
from April
27,
1975 until
August
25,
1978, the Village operated
its treatment works without a properly certified wastewater treat-
ment plant operator in violation of Rule 1201 of Chapter 3 and
Section 12(a) of the Act.
On July 16,
1979,
the parties riled a Stipulation and Proposal
for Settlement.
A hearing was held on September 14,
1979.
On
October
16,
1979, the parties filed an Amendment to the Stipulation
and Proposal for Settlement which added a new paragraph to the
original Stipulation.
On November 15, 1979, the Board entered
an Interim Order which rejected the Stipulation because of the
suspended, contingent penalty.
On April
30,
1980, the parties
filed a Second Amendment to the Stipulation and Proposal
for
Settlement which eliminated the suspended penalty provision of
the initial Stipulation.
The Village of wyanet, which has a population of approximately
1,000 individuals, owns and operates a sewage treatment facility
in Bureau County, Illinois which discharges effluent into Pond
Creek, a tributary to West Bureau Creek, pursuant to NPDES
Permit No. tL—0031879.
The Village’s sewage treatment plant
utilizes the trickling filter and stabilization pond processes to
stabilize the organic material
In the sewage.
Supplemental
aeration
is provided in two of thn stabilization
ponds
to add more
oxygen.
(See:
Attachment
fl,
p.
W—18).
The Respondent has admitted all of the allegations in the
Complaint.
(See: Group Attachment B).
The proposed settlement
agreement provides that the Village shall:
(1) hire a properly
certified operator to supervise the operation of the Respondent’s
sewage treatment facility;
(2) provide insulation, heat, ventila-
tion, and electrical service to its chlorine building;
(3) provide
snow and wind protection to the trickling filter unit;
(4) perform
the required effluent analyses and submit the requisite reports
required by its NPDES Permit
(the Village has already entered into
an informal agreement to utilize the laboratory facilities of the
City of Princeton to perform the necessary effluent analyses);
(5) provide optimum operation and maintenance of the sewage treat-
ment facility along with year—around operation of all units in the
facility;
(6) promptly
submit
an application to the Agency for
funding to correct various inadequacies in the sewage transport
and treatment facility (See: Attachment D), and
(7) pay a
stipulated penalty of $337.50
The Respondent has indicated that it is currently already in
full compliance with most of the provisions of the proposed
settlement agreement.
However, the Village has not yet applied
for a grant to update its sewage treatment plant because an
—3
engineering study must first
be
completed before the preliminary
application
for funding can he submitted.
I
ïì
(‘VI
I
ri.
i
fl(j
I h
I
S
c~ti
lorcomori
1
ilCtL i on
and
)ropOSe(i
settlement~
th~
flo~ird
lid:;
I
dken
I
iil:o
cons i.(I(’rd~~ofldli
~hc’ Facts and
c
ircum—
:;Lances
i.n
1.
~qhL
of
t:1i~
specIfic
(:ri.
h’ria
dcl irieatcd
i~n
Section 33(c)
of the Illinois Environment:al Protection Act.
The
Board finds the stipulated agreement acceptable under Procedural
Rule 331 and Section 33(c)
of the Act,
The Board
finds that the
Respondent, the Village of Wyanet, has violated Rules
501,
901,
and 1201 of Chapter
3:
Water Pollution Control Regulations and
Sections 12(a),
12(h),
and 12(f)
of the Act.
The stipulated
penalty of $337.50
is hereby assessed against the Respondent.
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:
The
Respondent:
,
the Viiiage of Wyanot
,
has
violated
~
~
,
901,
mid
1201
ol
Chipt~nr
3:
~at.or
Pollution
Control
Pvriri
1
it
I
on:;
~fl(j
~Cf~
I
on
s
1
2
(
a
)
,
1
2
(1
)
,
rid
1
2
(
1)
1)1
the
T
1
1
i no
i
s
1nvirornnent
aT
Protecl~ ion
AcI~
2.
Within
30 days of the date of this Order,
the Pespondent
shall, by certified check or money order payable to the State of
Illinois,
pay the stipulated penalty of $337.50 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 Proposal
for Settlement filed
on July 16,
1979,
as modified by the Second Amendment to the
Stipulation and Proposal for Settlement
filed on April
30,
1980,
which are incorporated by reference as
if fully set forth herein.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution Control
Board, here1~ycertify that the above Opinion and Order were adopted
on the
~j~day
of
~
1980 by
a vote of
_________
Christan
ij.
Motte
Illinois Pollution
