ILLINOIS POLLUTION CONTROL BOARD
July
23,
1981
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
PCB 78—301
AIRVIE~’7 MOBILE
HOME PARK,
and
BENJAMIN
B.
LEAF,
)
Respondent.
NANCY
J.
BENNETT,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
SHERWIN
J.
STONE,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF
THE
RESPONDENTS.
OPINION AND ORDER OF THE BOARD
(by J.D.
Dumeile):
This
matter
comes before the Board on a December
4,
1978
Complaint filed
by the
Illinois Environmental Protection Agency
(Agency).
That
complaint
was
amended
on
March
9,
1978.
Respondent
Benjamin
B.
Leaf,
doing
business
as
Airview
Mobile
Home
Park
(Airview),
owns
and/or
operates
Airview
which
is
located
near
Milan,
Illinois,
in
Rock
Island
County.
Airview has a
wastewater
treatment
facility
which
discharges
from a point source into Case Creek which is tributary to the
Rock River at Milan.
Thus,
discharge is to a water of the
state
(Stip.
1).
On September
8,
1977,
Airview was issued NPDES Permit
No.
1L52825,
which required
that thirty—day average BOD~levels
of Airview~s
discharge not exceed
4 mg/i
(Stip.2),
SS l~vels
not exceed
5
mg/i
(Stip.2), and that fecal coliform be monitored
and reported monthly (Stip.3).
Incidents of non-compliance
were also to be reported.
In its amended complaint the Agency alleges that Airview
has violated
Sections 12(a) and
12(f) of the Illinois Environmental
Protection Act (Act) and Rules 404(f) and 901 of the Illinois
Pollution
Control
Board
Rules
and
Regulations,
Chapter
3:
Water
Pollution,
from
November
of
1977
to
at
least
July
of
1978.
A
hearing
was
held
on
December
3,
1979,
at
which
only
the
Agency
appeared.
Mr.
Armin
J.
Grossell
of
the
Metropolitan
Airport
Authority
was
also
present,
but
did
not
testify.
At
43—5 1
—2—
that
hearing,
the
Agency
represented
to
the
Board
that
a
draft
settlement
agreement
had
been
written
and
that
Airview
had
admitted
all
the
alleged
violations
and
agreed
to
terms
including,
among
other
things:
1.
Upgrading
of
its
current
wastewater
system
based
on
a
proposal
by
James
Kanimueller,
an
Agency
representative;
2.
Submission
of
an
agreement
application
to
the
Agency
for
a
construction
permit
for
such
upgrading
within
45 days after the Board Order approving the Settlement;
3.
Submission of an application to the
Agency
for a
‘Pfeffer Exemption’ from Rule 404(f) within
the
same
period;
4.
Submission of an application for modification of
its
current
NPDES
permit
as
it
relates
to
SOD5
and
55;
and
5.
Payment
of
a
$3,000
penalty
(R.
6—8).
A
second
hearing
was
held
June
1,
1981,
at
which
neither
party
nor
any
member
of the public was present.
The filing of
the
stipulation
and
proposal
for
settlement
was
announced
and
the
hearing
adjourned.
The
stipulation
includes
an
admission
of
all
alleged
violations.
It also includes thirty-day average SOD5
and
SS
discharge concentrations from November, 1977 to Only,
1978.
BODç
varied
from 44 to 92 mg/l
and
55 ranged from 40 to 86
mg/I.
Averages were 68 and 67 mg/l, respectively, during that
period
(Stip.2).
Since Airview’s effluent
has
a dilution
ratio of less than one to one, former Rule 404(f) of Chapter 3
set effluent limitations for BOD /85 of 4/5 mg/l, respectively.
However, the Board notes that siAce the filing of this action,
that standard
has
been deleted
and
the 10/12 mg/l limitation of
Rule 404(c) is applicable to the discharge.
Since
the
stipulated
discharge
concentrations
of
BOD5
are far in excess of even the 10/12 standard, and since
there has been no objection and there appears to be no prejudice
to either party, the Board will accept
the
stipulation
and
proposal for settlement.
The
terms
of the settlement are in general conformity
with those presented at the first hearing.
In short, BOD~/SS
limitations of 60/60 will go into effect immediately and till
remain in effect until upgrading is completed.
Completion is
to be on or before July 1, 1982.
At that time BOD5/SS limita-
tions of 30/30 will
become
effective and
remain
so until 6 months
after.completion of the ?4oline South Slope Regional Treatment
System
is completed or until December 31,
1984, whichever is
earlier.
Thereafter,
Airview
shall
meet
the
Board’s
applicable
—3—
effluent standards.
During these periods Airview shall also
conform to
all
monitoring,
reporting
and permit
requirements as
more fully set forth in the stipulation and proposal for
settlement.
A stipulated penalty of $3,000 is to be paid.
In the event that the Regional System will not become available
for Airview’s use before December 31, 1984,
Airview shall further
upgrade its plant to meet Board standards by that date.
In evaluating this enforcement action and proposed settlement,
the Board has taken into consideration all the facts and circum-
stances in light of the specific criteria delineated in Section
33(c) of the Act.
The Board finds that settlement agreement
acceptable under Procedural Rule 331 and Section 33(c).
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this matter.
ORDER
1.
Airview shall comply with all the terms of the Stipulation
and Proposal for Settlement filed on June
1,
1981, which
is incorporated by reference as if
fully set forth herein.
2.
Airview shall, within 45 days of the date of this Order,
pay a penalty of $3,000 by certified check or money order
payable to the State of Illinois and sent to:
Illinois Environmental Protection Agency
Attn:
Mary Jo Heiss
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby ce;tify that the above Opinion and Order
was adopted on the -j~~dayof
~
,
1981 by a vote
of
5-il
•
/,
~
Christan L. MoffettJ,~lerk
~
Illinois Pollution Control Board