ILLINOIS POLLUTION CONTROL BOARD
May
1,
1981
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
V.
)
PCB 79—267
CENTRAL ILLINOIS LIGHT COMPANY,
(E.D.
Edwards Station),
Respondent.
MR. WILLIAM
E. BLAKNEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
O’HERN, WOMBACHER, MOON & BOOS, ATTORNEYS AT LAW
(MR. WILLIAM
B.
WOMBACHER, OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by N.E.Werner):
This matter comes before the Board on the December 12,
1979
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
After discovery occurred,
the Agency filed a Motion to
File Amended Complaint Instanter and Amended Complaint on April
1,
1980.
Count I of the Amended Complaint alleged that, during specified
time periods between November,
1977 and April
1,
1980,
the Central
Illinois Light Company (the “Company”) discharged effluents from its
sewage treatment plant which exceeded the NPDES Permit limits
pertaining to 5-day biochemical oxygen demand
(“BOD “), total
suspended solids,
and fecal coliform in violation o~its NPDES
Permit,
Rules 410(a) and 901 of Chapter
3:
Water Pollution Control
Regulations
(“Chapter 3”),
and Sections 12(a) and 12(f)
of the
Illinois Environmental Protection Act
(“Act”).
Count
I also alleged that, during the time period between
April, 1978 and April
1,
1980,
the Company discharged effluent from
its ash pond which exceeded the NPDES Permit limits relating to pH
and total suspended solids in violation of Rules 410 and 901 of
Chapter 3 and Sections 12(a) and 12(f)
of the Act.
Count II alleged that the Respondent, by discharging the
effluent described in Count
I, also violated Rules 404(a)
and 405
of Chapter
3 and Section 12(a)
of the Act.
41—305
—2—
Count III alleged that, from April,
1978 until
April
1,
1980,
the Company discharged effluent from its ash pond which exceeded the
relevant pH limits in violation of Rule 408(a)
of Chapter
3 and
Section 12(a) of the Act.
Count IV alleged that, during June of 1977, the Company
completed the construction of an acid injection system to control
the pH of its ash pond effluent, without first obtaining Agency
authorization to construct the system, and has continued to
discharge effluent from its ash pond in violation of Rules 901 and
910(n) (1) of Chapter
3 and Sections 12(b)
and 12(f).
Count V alleged that, on November 26,
1979, the Company
completed construction of, and began operation of,
its sewage
treatment plant without first obtaining Agency authorization, and
continued to discharge effluent from this facility in violation of
Rules 901 and 910(n)(1) of Chapter 3 and Sections 12(b)
and 12(f)
of the Act.
Hearings were held on November 19,
1980 and March 30,
1981 at
which no members of the public were present.
The parties filed a
Stipulation and Proposal for Settlement on March 31,
1981.
The Respondent is a public utility which produces electricity
at its E.D.
Edwards generating station which is located near
Bartonville, in Peoria County,
Illinois.
Wastewater from this
electric generating station is discharged into the Illinois River
pursuant to NPDES Permit No.
IL 0001970.
(Stip.
1—2; Exhibits
A
and B).
The proposed settlement agreement includes a detailed compliance
program and schedule which provides that the Company shall promptly:
(1) install
“a counter on each effluent pump of its sewage treatment
plant to provide more precise measurement of the final effluent flow”;
(2) install “an air relief valve in the final effluent line of its
sewage treatment plant to prevent air lock”;
(3)
cease and desist
from any further violations;
and
(4) pay a stipulated penalty of
$10,000.00
.
(Stip.
5).
Additionally, the parties have stipulated
that the Company has already secured Agency approval of the “as—built”
plans and specifications of both its sewage treatment plant and its
acid injection facility.
(Stip.
5).
In evaluating this enforcement action and proposed settlement
agreement, the Board has taken into consideration all the facts and
circumstances in light of the specific criteria delineated in
Section 33(c) of the Act.
The Board finds the settlement agreement
acceptable under Procedural Rule 331 and Section 33(c)
of the Act.
The Board finds that the Respondent,
Central Illinois
Light Company,
has violated Rules 404(a),
405,
408(a), 410(a),
901 and 910(n) (1) of
Chapter
3:
Water Pollution Control Regulations and Sections 12(a),
12(b), and 12(f)
of the Illinois Environmental Protection Act.
The
Respondent will be ordered to cease and desist from further
violations and a stipulated penalty of $10,000.00 will be assessed
against the Company.
4
1—306
—3—
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
The Respondent, the Central Illinois Light Company (E.D.
Edwards Station), has violated Rules 404(a),
405,
408(a),
410(a),
901 and 910(n) (1) of Chapter 3:
Water Pollution Control Regulations
and Sections 12(a), 12(b) and 12(f)
of the Illinois Environmental
Protection
Act.
2.
The Respondent shall cease and desist from further
violations.
3.
Within 45 days of the date of this Order, the Respondent
shall, by certified check or money order payable to the State of
Illinois, pay the stipulated penalty of $10,000.00 which is to be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
4.
The Respondent
shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed
March 31,
1981, which is incorporated by reference as if fully set
forth herein.
I, Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order were adopted
on the
/
‘~
day of
/)-~
,
1981 by a vote of
~‘°~-~
____—.
Christan L.
Moff”et~/1iClerk
Illinois Pollutio~iit~ontrolBoard
41—307