ILLINOIS
POLLUTION
CONTROL
BOARD
January
24,
1980
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Complainant,
)
v.
)
PCB 79—15
)
WESTERN
UTILITIES,
INC.,
)
an Illinois corporation,
)
Respondent.
MS.
ANN
L.
CARR,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE COMPLAINANT.
BARBER
&
BARBER,
ATTORNEYS
AT
LAW
(MR.
RICHARD
C.
EDWARDS,
OF
COUNSEL),
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER OF THE
BOARD
(by Mr. Werner):
This
matter
comes
before
the
Board
on
the
January
23,
1979
Complaint
brought
by
the
Illinois
Environmental
Protection
Agency
(‘Agency’).
Count I of the Complaint alleged that the Respondent
failed to submit the requisite Discharge Monitoring Reports to the
Agency for its wastewater treatment plant (‘plant’) covering the
period
from
December
of 1977 through
May
of 1978 in violation of
the conditions imposed by its NPDES Permit, thereby violating
Rule 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 II alleged that, on
January 19, 1978, the Respondent allowed the discharge of effluents
from its plant containing
BOD5
in excess of prescribed limits in
violation of Rules 401(c)
and
404(f)(ii)(C) of Chapter 3 and
Section 12(a) of the Act.
On April
6,
1979, the Agency filed a
Request to
Admit
Facts and a Request for Admission of the
Genuineness of Documents.
On April 13, ‘1979, the Respondent
filed its Response to the Request to
Admit
Facts and its Response
to the Request for Admission of the Genuineness of Documents.
A
hearing was held on October 30, 1979.
The parties filed a
Stipulation and Proposal
for Settlement on November 16,
1979.
The Respondent’s wastewater treatment facility, which serves
the Western Knolls Subdivision in Sangamon County, Illinois,
discharges effluent to an unnamed tributary of Spring Creek
pursuant to NPDES
Permit
No. IL 0036480.
(See: Exhibit A).
The
Company is required by
its
NPDES
Permit
to
submit
Discharge
37—189
—2—
Monitoring
Reports
to
the
Agency
in
June
and
December
of each
year
pertaining
to
total
flow
(lCD),
BODE,
total
suspended
solids,
fecal
coliform
(No.
per
100
ml),
and
ammotlia
as
N.
It
is
stipulated
that the Respondent failed to submit the necessary Discharge
Monitoring Reports to the Agency covering the time
period
from
December of 1977 through
May
of 1978.
(Stip. 3).
On January 19,
1978, Agency employees collected a grab sample of effluent.
Subsequent
Agency analysis of this grab sample revealed excessive
BOD5
concentrations.
(See: Exhibit B).
The parties have stipulated that the Respondent is currently
in the process of closing down its plant and hooking up the
Western Knolls Subdivision into the Springfield Sanitary District’s
sewage system.
On October 5, 1979, Western Utilities,
Inc. was
issued Sewer Construction Permit No. 1979-HB-5613 from the Agency
•which authorized the construction of the connecting line from the
present sewer lines to the Springfield Sanitary District’s line.
The proposed settlement
agreement
provides
that
the
Respondent
admits
the
allegations
charged
in
the
Complaint
and agrees to:
(1)
cease
and
desist
from further violations;
(2) close down its
plant
upon
completion of the hook-up of the Western Knolls Sub-
division into the Springfield Sanitary District’s sewage system,
and
(3) pay a stipulated penalty of $1,000.00
In evaluating this enforcement action and proposed settlement,
the Board has taken into consideration all the facts and circum-
stances in light of the specific criteria delineated in Section 33(c)
of the Act.
The Board finds the stipulated agreement acceptable
under Procedural Rule 331 and Section 33(c) of the
Act.
The Board
finds that the Respondent, Western ‘Utilities, Inc
•,
has violated
Rules 401(c), 404(f)(ii)(C), and 901 of Chapter 3:
Water Pollution
Control Regulations and Sections 12(a) and 12(f) of the
Act
and
orders the Respondent to cease and desist from further violations.
The Respondent is directed to follow the
compliance
program
set
forth in the Stipulation and Proposal
for Settlement which provides
that the Respondent agrees to promptly close down its plant upon
completion of the hook-up of the Western Knolls Subdivision into
the Springfield Sanitary District’s sewage system.
The stipulated
penalty of $1,000.00 is assessed against the Respondent.
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, Western Utilities, Inc., has violated
Rules 401(c), 404(f)(ii)(C), and 901 of Chapter 3:
Water Pollution
Control Regulations and Sections 12(a) and 12(f) of the Illinois
Environmental Protection
Act.
37—190
2.
violations
The Respondent shall cease and desist from further
3.
The Respondent shall cease operation of its wastewater
treatment plant and promptly close down the facility upon the
completion of the hook~upof the Western Knolls Subdivision to the
Springfield Sanitary District~ssewage
system
in accordance
with
the
compliance
program
set
forth in the Stipulation and Proposal
for Settlement,
4.
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 $1,000.00 which
is to be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
5.
The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed
November 16,
1979, which is incorporated by reference as if fully
set forth herein,
I, Christan
L.
Moffett, Clerk
Control Board, hereby ce~tifythat
were adopted on the ~
of
a vote of
of the Illinois Pollution
the above Opinion and Order
1980 by
~trol Board
37~191