I~J~INOIS POLLUTION CONTROL BOARD

December

20,

1977

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 77—114

VILLAGE OF WINFIELD,

Respondent.

MS. SUSAN SHUMWAY, ASSISTANT ATTORNEY GENERAL, APPEARED FOR THE

COMPLAINANT;

MR. DONALD W. GARLINGER OF HINSHAW, CULBERTSON, MOELMANN, HOBAN

& FULLER, APPEARED FOR

THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Board upon the April

18, 1977

Complaint filed by the Environmental Protection Agency

(Agency)

charging the Village of Winfield

(Winfield)

with violations

of Rules 203(a),

203(d),

401(c),

402,

403,

404(d).,

405 and 1201

of Chapter

3:

Water Pollution

(Chapter 3), thereby violating

Section 12(a)

of the Environmental Protection Act (Act).

A

hear-

ing was held on October

27,

1977.

The parties filed a Stipulation

and Proposal for Settlement on October 28,

1977.

Winfield, located in DuPage County,

Illinois,

owns and operates

an activated sludge sewage treatment plant

(STP)

which discharges

effluent into a slough tributary to the West Branch of the DuPage

River.

Because the discharge is to this slough,

the dilution ratio

of the effluent is less than one to one.

The STP serves 4,000

residents of Winfield as well as

500 persons at Central DuPage

Hospital.

On nine separate occasions, Agency inspectors reported dis-

charges from the STP containing visible suspended solids and foam

which turned the effluent a murky grey to green color in violation

of Rule 403

(Ex. A).

On six occasions, Winfield discharged

effluent containing concentrations of BUD exceeding five times the

numerical

standard

set

forth

in

Rule

404(f),

in violation of Rule

401(c) (Ex. B).

Effluent was discharged containing concentrations

of BUD in violation of Rule 404(f)

on two occasions

(Ex. C).

Four

inspection reports noted discharges

of effluent containing fecal

28

—

453

---

coliforms in concentrat~

exceeding five times

the numerical

standard set forth

in

Ru~e

405,

in

violation of

Rule

401(c)

(Ex.

D).

On six occasions

effluent

was

discharged which resulted in

bottom deposits,

sludge,

sludge

mats,

visible suspended solids,

turbidity and color

in the slough,

in violation of Rule 203(a)

as prohibited by Rule 402

(Ex. E).

Two inspection reports noted

discharges of effluent which caused concentrations of ammonia

nitrogen

(as N) which violated

Rule

203(f)

as prohibited by Rule

402

(Ex.

F).

Finally, Winfield has failed to provide a Class

II

Certified Operator during

all

periods of operation of the STP,

in

violation of Rule 1201.

Winfield,

in the stipulation, admits to each listed violation

of Chapter

3, and further admits

each

to be a violation of Section

12(a)

of the Act.

Winfield has taken

several steps

during the pendency of the

proceeding to alleviate its

effluent

problem including repairing

an air lift, employing an

engineer,

and preparing a study used to

determine interim BOD standards~

These

steps,

along with those

required as part of the

settlement

agreement, will ameliorate all

violations of Chapter

3 and

the Act

as fully as possible.

However,

full compliance will occur

only upon

completion of a combined STP

to serve Winfield and the

City of West

Chicago.

Negotiations are

proceeding toward that end, but a final completion date cannot be

predicted at this time.

In the Proposal for Settlement, Winfield agrees to take nume-

rous measures with regard to its present STP.

First, Winfield shall

adhere to an interim effluent standard

(30 day average)

of 20 mg/l

of BOD,

25 mg/l of suspended

solids

and 200 fecal coliform per

100 ml for its secondary effluent and 30 ing/l of BUD,

30 mg/l of

suspended solids and 400 fecal coliform per 100 ml for any excess

flows.

Second, Winfield agrees to obtain the services of a Class

II Certified Operator, and has already carried out that agreement.

Third, Winfield shall take measures designed to permlt operation

of the STP

in the most efficient manner possible and shall adhere

to sampling and reporting requirements.

Fourth, Winfield shall

apply for all necessary permits and a variance from Rule

203(f)

of Chapter

3, and has already applied for such a variance.

Winfield shall continue to pursue efforts toward construction of

a combined STP.

Finally,

the Agency recommends that no penalty

be imposed for these violations,

28

—

454

---

The Board

accept~

) c~Stipulation and Proposal for

Settlement

filed October

28, 197~

‘~

finds Winfield in violation of Rules

203(a),

203(f),

401(c),

~I2,403,

404(f),

405 and 1201 of Chapter

3 and Section 12(a)

of the Act on the dates alleged in the Complaint

filed herein.

The Board hc~sconsidered the Section 33(c)

factors

in finding a

violation

of Section

12(a).

In light of

Winfield~s

good faith

efforts toward compliance,

the Board agrees that no

penalty

is

warranted for these violations.

This Opinion constitutes

the

findings of fact and conclusions

of law of the Board in this

matter.

ORDER

It is the Order of

the Pollution

Control Board that:

1.

The Village of

Winfiele

violated Rules

203(a),

203(f),

401(c),

402,

403,

404~),

405 and 1201 of

Chapter

3 and

Section 12 (a)

the

Act on the dates

alleged in the Complaint

filed

herein.

2.

Winfield shall comply

with

all terms and

conditions of the Stipulation and Proposal for

Settlement filed October

28,

1977, which is

incorporated by

reference as

if

fully set forth

herein.

I,

Christan L, Moffett,

Clerk of

the Illinois Pollution Control

~

~~~ertify

the above Opinion was adopted on the

~V’

day

,1977byavoteof~~