ILLINOIS POLLUTION CONTROL BOARD
    October
    22,
    1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    V.
    )
    PCB 79—275
    COMMONWEALTH EDISON,
    an Illinois
    )
    Corporation,
    (Joliet Generating
    )
    Station),
    Respondent.
    MR. WILLIAM E. BLAKNEY, ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE COMPLAINANT;
    MS. SUSAN B. PROCTOR, ISHAM, LINCOLN
    & BEAL, APPEARED ON BEHALF
    OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelie):
    This matter comes before the Board on a complaint which
    was filed by the Illinois Environmental Protection Agency
    (Agency) on December 21,
    1979,
    alleging that Commonwealth
    Edison Company
    (Edison) violated Rules 408 and 901 of Chapter
    3:
    Water Pollution,
    and Sections 12(a)
    and 12(f)
    of the Illinois
    Environmental Protection Act (Act).
    On January
    20,
    1980,
    Edison moved to consolidate this matter with PCB 79-272, —273,
    —274,
    and 78—272.
    That motion was denied by the Board on
    February
    7,
    1980.
    Hearing was held on September 16,
    1981
    at which time a settlement agreement was presented.
    No members
    of the public were present.
    Edison owns and operates a generating station in Joliet
    which consists of four coal—fired units
    (numbered 5—8)
    that
    discharge to the Des Plaines River.
    On June
    9,
    1977 the Board
    granted Edison a variance for certain of these discharges
    until March
    1,
    1979
    (PCB 77—13,
    25 PCB 703).
    Edison has
    discharged pursuant to NPDES Permit No. 0002216.
    Edison has stipulated to numerous violations of Board
    rules,
    the permit the variance and the Act as indicated below
    (Stip.
    3—7).
    Date
    Discharge Point
    Contaminant
    Violation
    1/78—3/78,
    Pyrite Sluice Pond
    TSS
    Rule 408
    6/78,
    10/78,
    11/78,
    2/79 & 3/79
    43—521
    —2—
    8/79—10/79
    5/79
    4/79—10/79
    7/79—11/79
    5/78,1/79—5
    Total Iron
    Total Iron
    TSS
    TSS
    TSS
    Ch10rifle
    Residual
    Chlorine
    Residual
    unpermitted
    unpermitted
    BOD5
    TSS
    feca? coliform
    301)
    TSS
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    NPDES Permit
    NPDES Permit
    NPDES Permit
    NPDES Permit
    NPDES Permit
    NPDES
    NPDES Permit
    NPDES Permit
    2/78 and 10/78 Pyrite
    sluice
    Pond
    10/77—4/78
    Demineralizer Filter
    and 12/78—3/79 Backwash
    4/79,5/79,
    Quarry
    7/79 and 8/79
    4/79 and
    5/79
    Recirculating Combined
    Treatment System
    4/79 and 5/79
    Demineralizer Regenera~’
    tive Waste
    3/78,7/78 and
    Condenser Cooling Water,
    Boiler Blowdown,
    House
    Service Water, Deminera—
    lizing Waste
    Condenser Cooling Water
    units
    7 and 8
    Quarry
    Floor,
    Roof and Yard
    Run—off
    Chemical Treatment
    Syst
    em 31owdown
    /79
    Sewage
    Treatment
    Plant
    Serving units
    5
    and
    6
    STP
    (5 and 6)
    STP
    (5 and 6)
    STP
    (5 and 6
    /79
    Sewage
    Treatment
    Piant
    Serving units
    7 and
    8
    STP
    (7 and 8))
    STP
    (7 and 8)
    12/78,1/79
    and 4/79
    11/78,1/79,
    2/79 and
    6
    11/77—4/78,
    12/78—3/79
    and 5/79
    11/77, 1/78,
    2/78,5/7 8, 12/78—
    2/79,5/79 and 6/79
    12/77,1/78,
    6/78,7/78,1/79,
    2/79 and 4/79—6/79
    STP
    (7 and
    8)
    4/79
    1/79—11/79
    STP
    (7 and 8)
    Bottom Ash Overflows
    fecal coliform NPDES Permit
    pH
    NPDES Permit
    unpermitted
    43— 522
    —3—
    By causing the discharges described above,
    Edison has
    violated its WPDES permits, Board Rules 408 and 901 and Sections
    12(a)
    and 12(f)
    of the Act.
    The Agency and Edison agree that these violations created
    a potential for injury to and interference with the health, general
    welfare and physical property of the people of the State,
    and
    that
    a $10,000 civil penalty should be assessed
    (Stip. 11—12).
    They also agree that Edison shall cease and desist from these
    violations
    (Stip.
    12).
    In order to assess whether the penalty is appropriate
    the Board would prefer to have more specific information
    regarding the environmental harm, if any, caused by these
    violations.
    However, given the points of discharge and the
    lack of any adverse public reaction at hearing,
    the Board
    finds the penalty to be reasonable.
    The Board therefore
    finds
    the stipulated agreement acceptable under Section 33(c) of the
    Act and Procedural Rule 331.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    Commonwealth Edison Company has violated Rules 408 and
    901 of Chapter
    3:
    Water Pollution, and Section 12 of the
    Act.
    2.
    It is hereby ordered that Edison shall cease and desist
    from any and all violations of the Act and Rules 408
    and 901 of Chapter 3 for all discharges at the Joliet
    Generating Station,
    and otherwise comply with all terms
    and conditions of the Stipulation of Facts and Proposal
    for Settlement filed in this matter on September 22,
    1981, which is incorporated by reference as if fully
    set forth herein.
    3.
    Within 30 days of the date of this Order,
    Edison shall,
    by certified check or money order payable to the State
    of Illinois, pay the stipulated penalty of $10,000 which
    is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    IT IS SO ORDERED.
    43—523
    —4—
    I,
    Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby c~rtifythat th,~above Opinion and Order
    was1~doptedon the
    ~
    day of
    (3b-~~~.’
    ,
    1981 by a vote
    of~.-p
    Christan L.
    Illinois Pollution Control Board
    43—524

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