ILLINOIS POLLUTION CONTROL BOARD
October 4,
1979
ANTHONY J.
CANFARELLI
and LAURA CANFARELLI,
Complainants,
v.
)
PCB 79—75
VILLAGE OF ROMEOVILLE,
)
Respondent.
COMPLAINANTS APPEARED pro
Se.
THEODORE JARZ,
(McKEOWN, FITZGERALD, ZALLNER, BUCK,
SANGIMEISTER,
AND HUTCHISON) APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
This enforcement action was filed before the Board on
April
5,
1979 alleging violations of Rules
601(a) and 602(b)
of Chapter
3:
Water Pollution
(Water Rules) and of Sections
12(a)
and 12(d) of the Environmental Protection Act
(Act).
On June 22,
1979 and August
6,
1979 hearings were held and
testimony from witnesses
from both parties was heard.
Testimony from the Complainants and their neighbors
indicates that sanitary sewer overflows occurring during
storms and melting periods have been causing sewage to back
up into crawl
spaces and yards of citizens living along
Arlington Drive in Romeoville.
The Village does not contest
the fact that these overflows occur.
(R.67).
Complainants
have been forced to pump raw sewage out of their home, to
clear sewage debris from their yard, and to leave their home
on direction of the Health Department.
(R.20).
Other testimony
shows that neighbors have had similar problems.
(R.31—48).
The overflow problems are due to the inadequate size of
sanitary sewer lines presently in use.
Infiltration overloads
the trunk system and lift station loading into the treatment
plant.
(R.80).
The Village, currently in the facilities
planning stage for funding of sewer system upgrading has
indicated that the construction of
a relief sewer that
channels overflow to a different lift station appears
to be
the permanent solution to overflow problems.
(R.81).
The
cost of such construction is estimated at $500,000. and
obtaining grants
is necessary to pay for the project.
(R.93).
A witness for the Complainants,
a former chairman of
the water and sewer committee of Romeoville, testified that
a bypass might lessen the current overflow problems.
The
engineer for the Village of Romeoville has stated that there
ca
—2—
are possibly some bypass
lines and a relief connection that
could be installed now to alleviate some of the flow.
(R.96).
The engineer, however, has admitted that data needed to
determine whether the proposed relief
is viable
is not
available.
(R.99).
Rule 602(b)
of
the Water Rules expressly prohibits
overflows from sanitary sewers.
Romeoville admits that its
sewers overflow.
(R.67).
The Board, therefore,
finds the
Village of Romeoville
in violation of Rule 602(b)
of the
Board’s Water Rules.
Rule 601(a)
of the Board’s Water Rules requires that
treatment works and associated facilities be constructed and
operated in a manner that minimizes violations of applicable
standards during flooding, adverse weather, and emergencies.
Since the overflow and resultant problems occur repeatedly
during snow melting periods,
it
is clear that Romeoville has
failed to minimize violations during flood conditions.
The
Board,
consequently,
finds the Village of Romeoville in
violation of Rule 601(a) of the Board’s Water Rules.
Section 12(a)
of the Act prohibits causing, threatening,
or allowing contaminants
to be discharged into the environment
that 1)
tend to cause water pollution or 2) violate regulations
and standards adopted by the Board.
The Village of Romeoville
has already been found to be in violation of two of the
Board’s water rules
as
a result of the discharge of untreated
sewage,
a contaminant
(see Section 3(d)
of
the Act).
The
Board, therefore,
finds the Village of Romeoville
in violation
of Section 12(a)
of the Act.
Section 12(d) prohibits deposits of contaminants upon
the land that create a water pollution hazard.
The Complainants
have failed to allege that the sewer discharges threaten to
contaminate any waters within the State,
nor does any testimony
indicate that waters might possibly become contaminated by
the raw sewage.
The allegation purporting a violation of
Section 12(d)
of the Act, therefore
is dismissed.
The Board has examined the factors bearing upon the
reasonableness of the overflows and has determined that the
imposition of a penalty will not hasten compliance with
Board rules and regulations in this case.
Money,
rather
than being paid
in penalties,
should be invested
to procure
immediate relief
for citizens plagued by the overflow.
In
addition, the Village should pursue
a permanent solution to
the problem through continued participation in the municipal
sewage treatment grant program.
This Opinion constitutes the findings of fact and
conclusions of
law of the Board
in this matter.
35—460
—3—
ORDER
It
is the Order of the Illinois Pollution Control Board
that:
1)
The Village of Rorneoville has violated Rules
601(a) and 602(b)
of Chapter 3:
Water Pollution and
Section 12(a)
of the Environmental Protection Act.
2)
Within 60 days of the date of this Order,
the
Village of Romeoville shall submit to the Board
and the Agency a plan to immediately minimize as
much as possible overflows through utilization of
bypasses,
relief connections, and any other effective
means.
A description of the work to be performed,
an estimate of its cost,
and
a schedule for completion
shall be
included in the plan.
Within 30 days of the
date the report is submitted,
the Agency shall
respond as to its approval or disapproval of
this
plan.
The Board will retain jurisdiction in this
matter until
a plan is deemed acceptable by the
Board.
3)
The Village of Romeoville shall begin implementing
the plan described in
2) above as soon as Board
approval
is given.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board,
hereby cej,~ifythe above Opinion a
Order
was adopted on the
1
day of
________________
1979 by
a vote of
~/.‘O
—.
Illinois Pollution
trol Board
3 5—46 1