ILLINOIS POLLUTION CONTROL

BOARD

July

21,

1982

ILLINOIS

ENVIRONMENTAL

PROTECTION

)

AGENCY,

Complainant,

)

v.

)

PCB 80—75

)

ALOYSIUS J. SPRINGMAN,

Respondent.

MR. REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

MR. ALOYSIUS J. SPRINGMAN APPEARED PRO SE.

OPINION

AND

ORDER OF THE BOARD (by N.E. Werner):

This matter comes before the Board on the April

15,

1980

Complaint brought by the Illinois Environmental Protection Agency

(“Agency”).

Count

I of the Complaint alleged that, on various specified

dates between January 19,

1978 and February 6,

1980,

effluent

discharges from the Respondent’s wastewater treatment system in

Madison County caused water pollution by exceeding NPDES Permit

limitations for five—day biochemical oxygen demand

(“BOD,~”)and

suspended solids in violation of Rules 404(c), 410(a), a~d901

of Chapter 3:

Water Pollution Regulations (“Chapter 3”) and

Sections 12(a) and 12(f)

of the Illinois Environmental Protection

Act

(“Act”).

Count II alleged that,

from October,

1977 until April

15,

1980,

the Respondent failed to submit the necessary discharge

monitoring reports to the Agency

in violation of Rules

501(c)

and 901 of Chapter 3 and Section 12(f) of the Act.

Count III alleged that:

(1)

from March,

1978 until September,

1978, a series of sanitary sewer backups occurred in the Respondent’s

treatment system which caused raw sewage to back up into several

homes connected to the system, and

(2) on May 4,

1978, May 8, 1978,

September 13, 1978, and October

5, 1978, Agency inspections revealed

that effluent discharges and overflows occurred from at least

3

manholes and other discharge points along the Respondent’s sanitary

sewer system in violation of Rule 602(b) of Chapter

3 and Section

12(a) of the Act.

47-369

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—2—

Count IV alleged that the Respondent failed to promptly

notify the Agency about noncomplying, unusual or extraordinary

discharges from the wastewater treatment system in violation of

a condition in its NPDES

Permit,

Rule 901 of Chapter 3,

and Section

12(f)

of the Act.

A hearing was held on December 21,

1981.

The parties filed

a Stipulation and Proposal for Settlement on June 22,

1982.

The Respondent,

Mr.

Aloysius J. Springman (“Springman”),

who is certified by the Agency as a Class

2 wastewater treatment

plant operator, owns and operates a wastewater collection and

treatment system (“Springhaven system”) which presently serves

178 homes in the Springhaven Subdivision in Godfrey Township,

~‘iadison

County,

Illinois.

(Stip.

2-4).

The Respondent’s waste-

water treatment system, which was constructed

in 1962 and discharges

contaminants into an unnamed creek tributary to the Wood River

pursuant to NPDES Permit #IL 0042706, presently includes a three—

cell lagoon facility with an aerated first cell and

“a submerged

filter as part of the third cell, followed by a chlorination

detention tank just prior to final outlet.”

(Stip.

4).

Although A.J. Springman and his brother initially shared

jointly in the development of the Springhaven Subdivision and

in the responsibilities for operating and maintaining the sewage

system,

A.J. Springman has been in sole control of the sewage

system since 1972.

(Stip.

3).

The monthly sewer fee of $4.00

per homeowner has remained the same since the system’s inception,

pursuant to a covenant contained in each property owner’s deed.

(Stip.3;

Ex.

B).

There are currently 178 homes connected to

Springnian’s system and, over the years, no significant problems

in collecting the $4.00 monthly sewer fees have been experienced.

(Stip.

3).

The Springhaven system was originally constructed as a

single—cell

lagoon facility of about

3½

acres, but Agency permits

were obtained in 1974 to upgrade and expand the initial system.

(Ex.

B).

However, subsequent Agency inspections have, revealed

that the lagoon system, which was not modified

in accordance with

the submitted plans, has encountered chronic operation and main-

tenance deficiencies resulting

in “generally poor effluent quality,

odors, sewer backups and overflows and other substandard conditions.”

(Stip.

3; Ex.

C).

It is stipulated that the Respondent:

(1) allowed discharges

from the Springhaven system to exceed applicable effluent limita-

tions for BODç and suspended solids on numerous occasions between

January 19, 1978 and March

26,

1981;

(2)

failed to monitor effluent

quality or file any of the required discharge monitoring reports

from August,

1975 through October,

1979;

(3)

allowed effluent

discharges or overflows from at least

3 manholes on four specified

dates in 1978; and

(4) allowed raw sewage to back up into several

Springhaven Subdivision homes during the time period from March,

1978 through September,

1978 when sanitary sewer backups occurred

in the Respondent’s sewage system.

(Stip.

4—7;

Ex.

C and D).

47-370

---

—3—

The

Respondent has indicated that the problems with sanitary

sewer backups and effluent overflows from manholes were caused

by “sewer lines occasionally plugged by foreign obiects;

the

final section of sewer

line prior

to discharge into the lagoons

being

6”

in diameter as per engineer’s approved plans, but which

has subsequently proved to be unable to handle heavy loading; and

significant problems

of infiltration/inflow.”

(Stip.

7).

Additionally, it is also stipulated that,

although notified

by both the Agency and the Madison County Environmental Control

Department pertaining to various violations and operational

deficiencies

(including several complaints concerning odors

from the lagoons), Springman failed to promptly notify the Agency

of

noncomplying

discharges and failed to correct all environmental

problems.

(Stip.

7—8;

Ex.

D,

E, and F).

On December

8,.

1981,

Springman entered into a contract with

the Godfrey Township Utility Board (“Township Board”)

to physically

connect the Sprinqhaven Subdivision’s sewer system with an inter-

ceptor to be construc~ecltributary to the sewage treatment facility

operated by the Township Board.

($~tip. 10; Ex.

G).

Under the

terms of the executed agreement, Springman will “surrender owner-

ship as well as operation and maintenance responsibilities of the

sewer system” to the Township Board upon completion of the project.

(Stip.

10—11).

Because the Township Board is currently

in the

Step

2 phase of the Federal construction grants program,

it is

presently anticipated that construction will he completed sometime

in August

of

1984.

(Stip.

11).

The proposed settlement agreement provides that the Respondent

admits the violations alleged

in the Complaint and agrees to

follow an interim com~iianceprogram which includes:

(1) installation

of a surface flotation aerator

in the first lagoon cell;

(2)

proper

maintenance of all lagoon dikes and levees;

(3) elimination of

floating materi~tlssuch as duckweed

from all

lagoon surfaces;

(4)

maintenance of a chlorine residual

in the final effluent in the

range from 0.2 mg/i to 0.75 mg/i;

(5)

submission of the requisite

discharge monitoring reports and waste stabilization lagoon inspec-

tion forms to the Agency; and

(6) elimination of overflows of raw

sewage from the sanitary sewer system by locating and restraining

sources of inflow and infiltration,

(Stip.

11—12),

Additionally,

the Respondent has agreed to pay a stipulated penalty of $1,350.00.

(Stip.

12).

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,

Mr.

Aloysius

J. Springman,

has violated Rules 401(c),

410(a),

501(c),

602(b),

and 901 of Chapter

3 and Sections 12(a) and 12(f) of the Act.

The Respondent will be ordered to follow the interim compliance

program and to pay the stipulated penalty of $1,350.00.

47-371

---

—4—

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, Mr. Aloysius J.

Springman, has violated

Rules 401(c), 410(a), 501(c), 602(b),

and

901 of thapter 3:

Water

Pollution Regulations

and

sections 12(a)

and

12(f) of the Illinois

Environmental

Protection

Act.

2.

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

$1,350.00

which

is

to

be

sent

to:

•

Illinois

Environmental

Protection

Agency

2200 thurchill Road

Springfield, Illinois

62706

3.

The Respondent shall comply

with

all

the

terms

and

conditions

of

the Stipulation and Proposal for Settlement filed on June 22, 1982,

which

is incorporated by reference as if

fully set forth herein.

I? IS SO

ORDERED.

Board

Member

Dumelle concurred.

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

Control Board, hereby cert4fy that the above Opinion

and

Order

were

adopted

on

the

~

day

of

t~/

,

1982

byavoteof

,c~_O

.

7

•~ L~/4~-~

Illinois Pollution Control Board