ILLINOIS POLLUTION CONTROL BOARD
January
6, 1977
PEOPLE OF THE STATE OF ILLINOIS
)
and the ENVIRONMENTAL PROTECTION
)
AGENCY,
)
ComplainantS,
)
)
v.
)
PCB
75—95
PCB 75—118
)
STAR UTILITY COMPANY,
an
Illinois
)
corporation,
and
MIDWEST
UTILITY
)
COMPANY, an Illinois corporation,
)
)
Respondents.
Honorable William J.
Scott,
Attorney General, by Ms. Mary C. Schlott
and Ms. Dorothy J. Howell, appeared on behalf of the Complainants;
Mr. Daniel
3. Kucera of Chapman & Cutler, appeared on behalf of
Star Utility Company;
Mr. Charles Atwell,
Sr. appeared on behalf of Midwest Utility
Company.
OPINION AND
ORDER
OF
THE
BOARD
(by
Mr.
Goodman):
This
matter
comes
before
the
Pollution
Control
Board
upon
the
Second Amended Complaint filed by the Environmental Protection
Agency
(Agency) and the People of the State of Illinois
(People)
aqainst Star Utility Company
(Star)
and Midwest Utility Company
(Midwc’s;I- )
on
Aucju:;L
20,
1 9’lS.
J1es
r i
ml:;
w’’rt’
lie
PcI
in
lii is
matter
on
Auqust
6,
1975,
October
24,
1975,
awl
November
1,
1975,
at
tho
Village Hall, Orland Park, Illinois.
At a fourth hearing held on
March
4,
1976, the parties entered into a Settlement Stipulation.
On April
8, 1976,
the Board rejected the Stipulation because it in-
cluded, as a condition precedent to compliance,
a rate increase
depending entirely upon the decision of the Illinois Commerce
Commission.
On October 27,
1976, the parties submitted another
Settlement Stipulation, which the Board will address herein.
The Second Amended Complaint filed in this matter charged
Respondents with several violations of the Environmental Protection
24—497
—2—
Act
(Act)
and the Water Pollution Regulations
(Chapter
3)
in the
ownership
and operation of
a public water supply and sewage treatment
system in an unincorporated area
in Orland Township,
Cook County,
Illinois,
adjacent to the northern boundaries
of the Village of Orland
Park.
In its service
are-a, Star
owns, operates
anc~
maintains
a pui’,Iic
water supply and distribution
system,
including
a well,
3 pressure
tanks,
and
an integrated system of mains,
hydrants and appurtenances
thereto.
The source of water supply of Star is
underground water
drawn from
a well.
Upon being drawn from the well, water receives
chlorination for disinfection and fluoridation.
Star maintains a
program for the regular flushing of its mains and hydrants.
In its
service area Star also owns, operates and maintains
a sewage treat-
ment plant and the sewage collection systems tributary thereto.
From
1968,
when Star commenced operations,
to January,
1976,
Midwest pro-
vided management and operation services to Star under
a contractual
relationship, and was responsible for the operation and maintenance
of Star’s water and sewer plants and systems.
Specifically, the Complaint charged Respondents with failing to
adequately chlorinate their public water supply, distributing water
containing offensive odor and offensive taste,
and distributing water
without adequate pressure in violation of Section 18 of the Act; allow-
ing excess infiltration into and overflows from the sanitary sewers
in
violation of Rule 602(b)
of Chapter
3 and Section 12(b)
of the Act;
failing to operate their sewer system so
as
to minimize violations of
applicable standards during various adverse contingencies
in violation
of Rule 601(a) and Section
12(b)
of the Act; violating the DOD and
suspended solids
effluent
standards
of Rule 404tf); violating the
fecal coliform effluent standards of Rule
405;
and violating the
mercury, phenols or oil effluent standards
of Rule
408.
The parties stipulate that some customers
of Star’s water system
experienced occasions
of odor,
taste,
low pressure or service inter-
ruption at taps within the home and that some customers experienced
occasions of sewage backups
at drains within the home.
The Stipu—
lation indicates that, had hearings been completed,
Complainants’
witnesses
would
have
presented
c’vi dence
of nine dates on which the
o ff1
ucn
t.
d
i sulia
:rqed from the sewage
Lrea
Linen t:
p
Lan
L
con tamed
DOD
and/
or
suspended
soti
ds
in
amounts
exceeding
Lhe
standards
of
RuLe
404(f~
of
the Water Regulations and of four dates
on which the effluent
contained oil
(hexane solubles or equivalent)
in amounts exceeding
the standards of Rule 408(a).
The parties further stipulate that
performance of additional operation and maintenance functions could
have prevented or alleviated
some of the above conditions.
For
purposes of settlement,
Respondents have presented no evidence in
the Stipulation
to controvert such evidence submitted on behalf of
Complainants.
However,
the parties
do stipulate
that operating data
24
—
498
indicates
that operation
of
the water and sewer plants has been sub~-
stantially
improved.
The Stipulation indicates that Midwest and Star terminated their
relationship
in
January,
1976,
and that Midwest no longer provides any
services
on
behalf
of
Star.
In
the Stipulation, Midwest
agrees
to
waive any defense.
After termination of its relationship
with
Midwest,
Star directly employed a new certified water plant operator and a new
certified sewage treatment plant operator.
In addition, Star assumed
administrative duties previously
performed
by
Midwest,
The Stipulation
furthermore indicates that Star
is engaging
in negotiations with the
Village of Orland Park for the possible sale of its water and sewer
systems
to the Village,
in which case the Village would connect Stares
sewage collection system to lines of the Village which discharge
to an
interceptor of the Metropolitan
Sanitary
District,
and operation of the
sewage treatment plant would be
discontinued.
The
Stipulation
also
details the limited financial resources Star has had with which to make
improvements to the system.
Should
Star
sell its utility system to
the Village,
some of the capital
improvements
would no longer be
necessary.
Star has agreed to carry out an extensive Program as to
its sewage
treatment plant and sewers as well as
to its public water supply
system.
Star~s compliance plan is no longer contingent upon approval
of a rate increase by the Illinois
Commerce
Commission.
Furthermore,
Star has agreed
to remit the sum of
$1,000.00
to
the
State,
and
Midwest has agreed to remit $250.00.
The
Board
finds that the agreed-
upon Programs are adequate to
ensure
that
compliance
with the Act and
the Board~sRules and Regulations
will
be
achieved,
Based upon the
Settlement Stipulation submitted by the parties,
the Board finds that
Star and Midwest violated Section 12(b)
and Section 18 of the Act and
Rules 602(b),
601(a),
404(f)
and 408(a)
of Chapter
3.
Because
no
evidence was presented on violation of the fecal coliform effluent
standards, Count
IV of the Second Amended
Complaint
is hereby dis-
missed.
The Board will order Star to pay $1,000.00 and Midwest
to pay
$250.00
as a penalty for said violations and will order Star to comply
with the Programs detailed
in
the
Stipu1nt~ ion.
Th i s Opin ion reprcn:;cnts
the
fi
ndinqs
ol
i~ict
dud
conc.1
us
tons
of
law of the Board in this matter.
ORDER
It
is the Order of the
Pollution
Control Board that:
1.
Star Utility Company and
Midwest
Utility Company
are found to have violated
Sections
18
and
12(b)
of the
24
—
499
—4—
Environmental Protection Act and Rules
602(b),
601(a),
404(f)
and 408(a)
of the Board’s Water Pollution Regu—
lations
(Chapter 3).
2.
For said violations,
a penalty
of $1,000.00 is
assessed against Star, and a penalty of $250.00
is
assessed against Midwest, penalty payment by certified
check or money order to be paid within
35 days of the
date of this Order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
3.
Respondent Star shall comply with the Programs
as to
its sewage treatment plant and sewers
as well as its public
water supply,
as outlined in the Stipulation submitted by
the parties on October 27,
1976.
4.
Count IV of the Second Amended Complaint
is hereby
dismissed.
Mr. Young abstained.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution Control
Board,
hereby certify the above Opinion and Order were adopted on
the~day
~
1977 by a vote of
~
In ~
Christan
L.
Moffett,
rk
Illinois Pollution C
ol Board
24
—
500