ILLINOIS POLLUTION CONTROL BOARD
November
16,
1978
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—205
VILLAGE OF BROADWELL,
Respondent.
MR. PATRICK
J.
CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
HARRIS AND HARRIS,
ATTORNEYS AT LAW
(MR. THOMAS M. HARRIS,
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 July 28,
1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”) which alleged
that, from October 24, 1977 until July 28,
1978,
the Village of Broadwell discharged wastewater containing
contaminants and pollutants
into a water of the State from its
public water supply system without possessing an NPDES permit for
point source discharges issued by the Agency in violation of Rule
901 and 902(e)
of Chapter 3:
Water Pollution Regulations and
Section 12(f)
of the Illinois Environmental Protection Act
(“Act”).
A hearing was held on October 26,
1978.
The parties filed a
Stipulation and Proposal for Settlement on November
1,
1978.
The Village of Broadwell is an Illinois municipal corporation
which operates a public water supply system in Logan County,
Illinois.
The stipulated facts indicate that
a periodic back
flushing of the public water supply system caused a discharge of
wastewater containing contaminants
to flow into an unnamed
tributary to the Lake Fork of Salt Creek.
Salt Creek
is a
navigable water and water of the State.
Salt Creek
is a tributary
of the Sangamon River which is also a navigable water and water of
the State.
During the period from October 24, 1977 to the filing of the
Complaint,
the Village of Broadwell did not possess an NPDES permit
issued by the Illinois Environmental Protection Agency for the
32—123
—2—
discharge of the wastewater containing contaminants
from its
public water supply system.
(Stipulation,
p.
2).
The State of Illinois obtained the authority to implement
the NPDES program on October 24,
1977 when the Illinois Pollution
Control Board filed with the Secretary of State
a copy of the letter
of approval of the Illinois program by the Administrator of the
United States Environmental Protection Agency.
Such filing
effectuated Water Pollution Rules
901 and 902(e) of Chapter
3 of
the Board’s Rules and Regulations.
On May 26, 1978 the Village President of Broadwell received a
letter from the Agency advising that the Village needed an NPDES
permit.
In addition,
the letter indicated that,
if the Village
failed to apply for a permit or give a satisfactory explanation as
to why such application was not needed,
the Agency after thirty
days would begin an enforcement proceeding.
The Village did not
contact the Agency within thirty days.
The reason the Respondent
did not contact the Agency is that the Village possessed an NPDES
permit for a sewage treatment plant and thought that the permit
for a sewage treatment plant covered the discharge from its public
water supply system.
(Stipulation,
p.
3).
Both the Complainant
and Respondent agree that it
is both technically practicable and
economically reasonable
to obtain an NPDES permit for the waste-
water discharge from the Village’s public water supply system.
(Stipulation,
p.
4).
The Stipulation and Proposal for Settlement provides that the
Village of Broadwell agrees,
to apply for and follow through and
obtain an NPDES Permit for its wastewater discharge from its
public water supply system and pay a stipulated penalty of $100.00
(Stipulation,
p.
5).
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 Illinois Environmental Protection Act.
Incinerator,
Inc.
V.
Illinois Pollution Control Board,
59
Ill.
2d
290,
319 N.E.
2d 794
(1974).
On the basis of the record,
the
Board finds that the Village of Broadwell has violated Rule 901
and 902(e)
of Chapter
3:
Water Pollution Regulations and Section
12(f)
of the Illinois Environmental Protection Act from October 24,
1977 until July 28,
1978.
Accordingly,
the stipulated penalty of
$100.00
is assessed against the Respondent.
This Opinion constitutes the Board’s
findings of fact and
conclusions of law in this matter.
32—
I 24
—3—
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
The Village of Broadwell has violated Rule 901 and 902(e)
of Chapter
3:
Water Pollution Regulations and Section 12(f)
of
the Illinois Environmental Protection Act from October 24, 1977
until July 28,
1978.
2.
Within 45 days of the date of this Order,
the Village of
Broadwell shall pay the stipulated penalty of $100.00
,
payment to
be made by certified check or money order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
3.
The Village of Broadwell shall comply with all the terms
and conditions of the Stipulation and Proposal for Settlement
filed November
1,
1978, which
is incorporated by reference as if
fully set forth herein.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board,
herel?y certify the above Opinion and Order were
adopted on the
~
day of
1978 by a
voeo
-2.
L~4~
o~
Christan
L. Moff
Clerk
Illinois Pollutio
ontrol Board
32—125