ILLINOIS POLLUTION CONTROL BOARD
October
4,
1979
MITCHELL DUTTON and WILMA DUTTON,
)
Complainants,
v.
)
PCB 79—110
CITY OF CREST HILL,
)
Respondent.
MR.
MITCHELL DUTTON appeared pro Se.
MR. THOMAS COWGILL, CIRRICIONE, BLOCK, KROCKEY & CERNUGEL,
appeared on behalf of Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
The Complaint in this case alleges that Respondent
violated Rules
601(a)
and 602 of Chapter
3: Water Pollution
by failing to adequately maintain sanitary sewer
lines
resulting
in overflows of the sewers.
A hearing was held on
August
7,
1979 in Crest Hill,
Illinois.
Testimony of witnesses
from both parties was heard.
~t the hearing
it was determined that on numerous
occasions recorded by Complainants since September
26,
1978,
raw sewage was reported in Complainant’s basement with an
accumulation of 21 inches on March
3,
1979.
This resulted
from the failure of an area lift station to operate and by
excessive amounts of infiltration and inflow into the sewers
in the City of Crest Hill.
This infiltration and inflow
occurred particularly during periods of rain and testimony
indicated that problems with the system have existed since
1970.
Previous efforts to correct the situation were unsuc-
cessful.
(R.134).
A witness for Respondent indicated that a 1977 study of
the Crest Hill sewer system revealed excessive amounts of
infiltration and inflow from numerous sources.
The study
was the first step in the process of applying for a federal
grant
for improvement of Respondent’s sewage treatment plant
to upgrade treatment to meet current standards.
The federal
government,
following approval of Respondent’s program to
remedy the sewage system,
would bear 75
of the costs with
the remaining 25
of the project to be paid by Respondent.
35—467
—2—
Several alternatives were set forth by Respondent’s
witness to alleviate the problem at the sewer subsystem in
Complainant’s area, along with cost estimates.
However,
it
was pointed out that temporary measures,
such as rehabili-
tation of the sewer subsystem, would not provide a permanent
cure.
(R.120).
Furthermore,
federal grant monies would not
be given to Respondent for that portion of the work estimated
in 1977 at $18,000.
Rule 601(a)
of the Board’s Water Rules expressly requires
treatment works and associated facilities to be constructed
and operated to minimize violations of applicable standards
during flooding,
adverse weather, power failure, equipment
failure,
or maintenance.
Since the overflow occurs repeatedly
during periods of rain and the lift station which would
prevent the overflow of sewage has repeatedly failed to
operate,
it
is clear that Crest Hill has not complied with
the rule in minimizing violations during flood conditions.
The
lift station malfunctions and consequent delay
in City
personnel respPnding
to notification of
a problem has aggra-
vated the situation.
(R.12).
The Board finds the City of
Crest Hill in violation of 601(a) of the Board’s Water Rules.
Rule 602
of the Water Rules mandates sufficient retention
or treatment capacity for sanitary sewers and prohibits
excess
infiltration.
Crest Hill has recognized the problems
with its system and thus has instituted the federal funding
procedures.
The overflow of raw sewage into Complainant’s
basement caused by the excessive infiltration and inflow to
the system is
a clear violation of Rule 602.
After review of the factors in Section 33(c)
of the
Environmental Protection Act,
the Board finds that the
sewage overflow has seriously interfered with the health,
general welfare and physical property of the people.
Com-
plainant’s home has become a dangerous source of disease
carrying bacteria, has become uninhabitable and was exten-
sively damaged.
Furthermore, sewage systems and sewage
treatment facilities are of social and economic value only
when properly functioning and when adequately maintained.
The Board has examined the factors bearing on the tech-
nical practicability and economic reasonableness of reducing
or eliminating the overflows.
An immediate solution to the
overflow problem and the failure of the lift station to oper-
ate must be devised to prevent further detrimental health
and economic effects. The City must also expeditiously pursue
a permanent solution to the problem through its efforts in
obtaining a federal grant for improvement of its sewage treat-
ment system and facilities to meet current standards.
This Opinion constitutes the Board’s findings of fact
and conclusions
of
law in this matter.
35—468
—3—
ORDER
1)
Respondent has violated Rules 601(a) and 602 of
the Water Pollution Rules and Section 33(c)
of the
Act.
2)
Respondent shall cease and desist from any further
violations of Rule 602(a) and 602 and Section
33(c) of the Act.
3)
Within 60 days of the date of this Order, Respondent
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)
Respondent shall,
as expeditiously as possible,
pursue
its efforts through federal grant procedures
in obtaining federal
funding for improvement of
its sewaqe treatment facilities.
IT
tS SO ORDERED.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above
pi ion and Order
were adopte~on the
~
day of
,
1979 by
avoteofL~’~
3Ld~
~
Christan L. Moffett’,(~trk
Illinois Pollution C~WrolBoard
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