ILLINOIS POLLUTION CONTROL BOARD

February

19,

1981

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY)

Complainant,

v.

)

PCB 79—122

CASEYVILLE TOWNSHIP AND ST. CLAIR

)

TOWNSHIP, Illinois Townships,

Respondents.

BRIAN E. REYNOLDS APPEARED ON BEHALF OF THE COMPLAINANT.

JAMES W. McROBERTS, JR. APPEARED ON BEHALF OF THE RESPONDENT

ST. CLAIR TOWNSHIP.

THOMAS

J. O’KEEFE,

JR. APPEARED ON BEHALF OF THE RESPONDENT

CASEYVILLE TOWNSHIP.

OPINION AND ORDER OF THE BOARD

(by

J,D. Dumelle):

On June 14,

1979,

the Illinois Environmental Protection

Agency

(Agency)

filed a complaint against Caseyville and St.

Clair townships alleging violations of Section 12(a)

of the

Illinois Environmental Protection Act and Rules 601(a) and

602(b)

of the Illinois Pollution Control Board Rules and

Regulations, Chapter

3:

Water Pollution,

Eleven days of hearinc~

were held commencing on June 26,

1980, and ending on September

4,

1980.

Members of the public were present and testified at some

of the hearings.

Caseyville and St. Clair townships are located in St.

Clair County,

Illinois.

Both own and operate sewer systems

served by the Caseyville Township East Sewage Treatment Plant

and have allegedly caused or allowed

overflows from sanitary

sewers resulting from excess infiltration.

It is further

alleged that both townships failed to operate and construct

facilities to minimize back—ups of the system.

Finally,

Caseyville is alleged to have allowed sewage to bypass its

treatment plant directly into the receiving stream.

It is undisputed that back—ups occurred on various dates

between March of 1977 and February 22,

1979

(R.

1340

).

During that time material backed up from sewers into the

basements of Mr. Raymond Parris, Mr. and Mrs.

Ronald Carter,

Mr. and Mrs. Howard Simpson and Ms. Janis Rush,

all residents

of

the

200 block of Lakeland Hills Drive

in Caseyville Township.

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Joseph Blaies, Manager

of the Caseyville

Township Sanitation

System acknowledged

that their residences are

served by the

Caseyville system

(R.576) and that he observed

water in the

basements of the Parris,

Carter,

and

Rush residences

(R.

580—8).

Mr. Parris testified to watery materials with the odor

of sewage backing up through either the shower drain or the

toilet bowl in his basement on

December

5

and 12,

1977; March 13,

July 14,

and September 16,

1978;

and

in February of 1979

(R.117—130),

During this time

considerable

damage was sustained

(R.

125,

132,

and Caseyville Exhibit #1).

Mr. Simpson testified to a similar back-up in his basement

on July 14,

1978

(R. 412—414) and

in the

Rush residence on

the same day

(R.

416).

Mrs.

Carter similarly

testified

to back—ups into her

basement on five occasions:

twice on unidentified dates between

March of 1977 and July of 1978; March 28,

1977; July 14,

1978; and February 22,

1979

(R.

492—495).

The Board therefore finds that back-ups did occur on

six occasions

in residences

in Caseyville Township from March 28,

1977, until

February 22,

1979,

To determine the cause of these back-ups,

the structure

of the sewage system must be understood,

Mr. Blaise testifie~i

that the sewage from Lakeland Village, Greenbriar Parque and

Meadowlake Acres

(all

in

St.

Clair Township)

flows into the

Lakeland Hills lift station through an 8-inch trunk

line, then

through a 6—inch force main which runs to the Hollandia Lift

Station and from there to the

Caseyville Township

East Sewage

Treatment plant

through another 8—inch gravity line

(R,714

and

Comp.

Ex.

1).

Mr.

Randle,

St. Clair Township Engineer,

testified

to a

study which he and others

prepared

identifying sources of

infiltration and inflow

(I/I)

into St.

Clair Township Sewers

(Comp.

Ex.

11).

He identified sixteen broken sections of pipe,

twenty—eight cracked joints and pipe,

ninetey-five joints which

had indications of infiltration, and one hundred sixty—seven

offset or separated joints in Lakeland Village

(R.

954),

He also

testified to inflow caused by defective manholes in

St. Clair

Township

(R. 958—60 and 981).

Mr. Blaies corroborated this testimony concerning manholes

by testifying to his

observation of water running

into manholes

in Greenbriar Pargue about the time of

the

sewage back—ups of

December

5 and 12, 1977

(R.

619) and in March of 1978

(R.

623).

He also observed water

running into manholes in

Meadowlake Acres

at the time of the February 22,

1979 back—ups

(R.

650 and Comp.

Ex’s 14—18).

Mr.

Rhutasel, a registered professional engineer,

also

testifed concerning the I/I problem in St.

Clair Township based

upon a sewer evaluation survey he prepared for Caseyville

40—464

---

Township

(St. Clair Ex.

2

).

Based upon recommended design

criteria,

the Lakeland Hills

lift station should not receive more

than 136,500 gallons per day

(GPO) including I/I

(R.

1583 and

1797).

However, his study showed a peak inflow of 200,000 GPO

and an observed peak total flow of 320,000 GPD

(R.

1604 and p.

19

of St. Clair Ex.

2).

Thus,

the I/I transported

to the lift

station greatly exceeded recommended amounts.

According to Mr. Blaies this flow was pumped by two pumps at

the Lakeland Hills

lift station.

During 1977 and until

April

of

1978, these 425 gallon per minute

(GPM) pumps could combine to

handle 600 GPM

(R.

578—9). This caused a problem in that the 8-

inch gravity line that received this sewage (after being pumped

through the force main)

could handle only 315 GPM

(R.

571—6).

Mr.

Blaies testified that this situation would result in

surchaging of the gravity

line in front of the Parris,

Carter,

Rush and Simpson residences and could cause back—ups

(R.

609)

As

a result,

the pumps were changed in April of 1978 such that only

one pump could operate at any given time, and in August of 1978

the pumps’

capacities were reduced to 285 GPM

(R.

578—9).

Only

one back—up has occurred since that change was made (R.579 and

655).

It is true that not all of the flow through the 8—inch

qravity line in front of the Caseyville residences came from the

sewers in St. Clair Township and,

therefore,

that the back—ups

may not have been due solely to I/I

in the St. Clair sewers.

However,

the Board finds that the excess I/I was a significant

contributing factor to the back—ups

in Caseyville Township.

Therefore, violations of Rules 601(a) and 602(b) as well as

Section 12(a)

of the Act have been proven, but a question remains

as to who

is responsible.

Not surprisingly, both townships deny responsibility.

If

their theories are accepted Caseyville

is not responsible for the

back—ups because the St. Clair sewer defects were

the

cause

of

the problems, and St. Clair

is not responsible because none of

the back—ups occurred in St. Clair Township.

Therefore,

the

citizens who suffer the back—ups are left with no governmental

relief.

The Board cannot accept these propositions.

The record is surcharged with testimony concerning ownership

or control over various parts of the Caseyville!

St. Clair sewage

system.

Regarding St. Clair’s position there was testimony

showing that:

1)

Inspections and studies of the system were prepared by

St. Clair employees

(R.

430,

451 and 464);

2)

Part of the sewer system in question was taken over as

is by St. Clair and other parts were accepted after

inspection

(R.

473 and 996);

3)

St. Clair bills the customers

in its township who are

serviced by the Caseyville plant and retains some

of

40—465

---

those funds

while

turning the remainder over to

Caseyville

CR. 529—30);

4)

St. Clair has signed permits to

own and

operate the

sewers in Greenbriar Pargue

CR. 1788—9);

5)

St. Clair executed a contract with Caseyville consenting

to

Caseyville

furnishing

sanitary

sewer

service

to some of its residents (Camp. Ex. 12);

6)

St

•

Clair has enacted ordinaces regulating all sewers

in

the

township

(Caseyville

7)

St.

Clair made repairs to several manholes

(R.

1137

Regarding Caseyville’s position, there was testimony

showing:

1)

Caseyville took several steps to remedy the problem

Hills lift station;

2)

Caseyville

signed

a

contract accepting the

responsibility to provide sanitary sewer service

to

some

3)

The back—ups occurred in Caseyville; and

4)

Caseyville signed

permits

to

own

and operate the

sewers in Greenbriar Pargue

(Corn. fl’s 11 and 12).

Based

upon this testimony,

the Board finds that there

is sufficient evidence to show that

both

Caseyville and St. Clair

share responsibility for the back—ups which occurred.

The

evidence shows that the back—ups were a result of shortcomings

of the entire system rather than any single part of the system

and that

both

had the authority to take action to remedy the

problem.

The St.

Clair part of the system suffered from excessive

I/I which resulted in an overload of the Lakeland Hills Lift

Station (owned and operated by Caseyville); Caseyville accepted

a flow greater than the station could handle and used overly

large impellers to move the flow through the system; and the

result was sewage back—ups in Caseyville.

Therefore the Board

finds that Caseyville and St. Clair townships are liable for the

penalties which will be assessed for the violations alleged in

Counts

I and II.

The Board also finds that bypassing of the Caseyville

Township

Sewage

Treatment

Plant occurred on March 23 and

May 11, 1979.

Mr. Mahlandt, an environmental engineer, testified

that this occurred from an old wet well just prior to being

pumped into the treatment units of the plant (R.70).

Raw

sewage escaped from the top of the wet well

and

flowed into

40—466

---

—5—

PENALTY

In considering the factors under §33(c) of the Environmental

Protection Act, the Board finds that:

1)

The injury to physical property has, although in

relatively isolated incidents,

been substantial. Mr.

Parris sustained over $3,000 of damage from flooding;

2)

While a sanitary sewer system is of considerable social

value, that value is greatly reduced when it

is not

operated

and

maintained in a proper manner;

3)

The sewer system is clearly suited to the area in which

it is located; and

4)

It is technologically practical and economically

reasonable to reduce or eliminate the back—ups.

The Board further notes that all of the back—ups were

associated with heavy precipitation and/or melting snow.

That,

however,

is not mitigating in that

a sanitary sewer system is to

be designed to handle such events,

and the back—ups would not

have occurred but for the excess

I/I.

On the other hand,

Caseyville’s prompt response to complaints concerning back—ups

and St.

Clair’s efforts to make repairs are mitigating.

These

repairs have, apparently,

largely solved the problem in that only

one back—up has occurred since those repairs were made,

For the above reasons the Board finds that penalties of

$500 are appropriate to aid the enforcement of the Act and the

Board’s regulations.

These penalties are assessed individually

against both townships.

Further conditions

will be imposed to

insure that these problems do not recur,

largely as recommended

by the Agency.

To the extent that

this

order demands acts that

are already ongoing,

as argued by Caseyville, there should be no

additional burden in compliance,

and continuing efforts to avoid

future back—ups should be assured,

This Opinion constitutes the Board~sfindings of fact and

conclusions of law

in this matter,

ORDER

1.

Caseyville Township and St.

Clair Townships shall cease

and desist from violating Water Pollution Rules 601(a)

and 602(b) and Section 12(a) of the Act.

2.

Penalties of $500 are assessed against both townships

individually; said penalties to be paid within 45 days

of the date of this order to State of Illinois,

Fiscal Services Division, Illinois Envirori~ental

Protection Agency, 2200 Churchill Road, Springfield,

Illinois 62706.

40—467

---

3.

St. Clair Township shall within 90 days of the date

of this Order,

submit a plan acceptable to the

Environmental Protection Agency outlining steps that

it will take to insure that there are no future

violations of the type involved in this proceeding

and shall comply with the provisions of that plan.

4.

St. Clair Township shall study and prepare a report

to be submitted to the Agency within 90 days of the

date of this Order on alternative means of transporting

and treating the sewage in Lakeland Village, Meadowlake

Acres and Greenbriar Parque subdivisions;

5.

Caseyville Township shall within

90 days

of the

date of this Order set up a system of daily

inspection of the Lakeland Hills

lift station,

the manholes to the east and west of the lift station,

and the 8—inch gravity sewer serving the Carter,

Parris, Rush,

and Simpson residences;

and

6.

Caseyville Township shall cooperate with St. Clair

Township in the study proposed in recommendation

number

4,

and to study

any other means of lessening

the amount of sewage transported through the 8—inch

gravity sewer serving the Carter,

Parris, Rush,

and

Simpson residence.

7.

The Board

shall retain jurisdiction in this matter.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby c~rtifytha~,theabove Opinion and Order

was,~çdo~tedon the

J9

~‘

day of

1981 by a vote

Illinois Pollutioi

Board

40—468