ILLINOIS POLLUTION CONTROL BOARD
December 16, 1982
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
v.
)
PCB 81—183
VILLAGE OF PAWNEE, an Illinois
)
municipal corporation,
)
Respondent.
GWENDOLYN W. KLINGLER, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
PFEIFER & KELTY, P.C.
(MR. THOMAS
W.
KELTY AND MR. KEVIN
B.
McCARTHY,
OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by N.E.
Werner):
This matter comes before the Board on the November 13, 1981
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count I of the Complaint alleged that,
from February
2,
1980
until November 13,
1981
(including, but not limited to,
the months
of February,
1980 and March,
1980,
as well
as on April
17,
1980
and May 15,
1980), the Village of Pawnee
(“Village”) caused or
allowed the discharge of contaminants from its wastewater treatment
facility (“facility”)
into Horse Creek,
a tributary of the Sangamori
River, without an NPDES Permit in violation of Rule 901 of Chapter
3:
Water Pollution Regulations
(“Chapter 3”) and Section 12(f) of
the Illinois Environmental Protection Act
(“Act”).
Count II alleged that, during the time period between August
25,
1977 and September
16,
1977,
the Respondent modified
its
facility by physically removing or destroying all eight of its
intermittent sand filters without the issuance of an Agency
Construction Permit authorizing such modification, thereby
violating Rules 910(n)(1) and 910(n)(2)
of Chapter
3 and Section
12(a)
of the Act.
Count III alleged that the removal
or destruction of the
eight sand filters without reporting such facility modification
to the Agency,
and without its NPDES Permit being modified or
re—issued by the Agency, was an unauthorized modification in
violation of NPDES Permit conditions,
Rule 901 of Chapter
3,
and
Section 12(f)
of the Act.
50-117
—2—
Count
IV alleged that,
from June
28,
1979 until the expiration
of its NPDES Permit on February 1,
1980
(including the semi—annual
submission dates of June 28,
1979 and December 28,
1979),
the
Village
failed to submit its discharge monitoring reports
in a
timely fashion,
and, during this same period of time, discharged
effluent containing contaminants from its facility in violation of
its NPDES Permit,
Rules 501(c) and
901 of Chapter
3,
and Section
12(f) of the Act.
Count V alleged that the Respondent caused or allowed the
discharge of contaminants from its facility containing concentra-
tions of BOD~and total suspended solids,
on
a 30—day average,
in
excess of it~NPDES Permit limits during the months of December,
1977,
January,
1978,
February,
1979,
March,
1979, and April,
1979
in violation of its NPDES Permit,
Rules 410(a)
and 901 of Chapter
3,
and Section 12(f) of the Act.
On January 29, 1982,
the Respondent, Village of Pawnee,
filed
a Motion to Strike in its entirety the Complaint filed on November
13,
1981.
On January 29,
1982, the Agency filed
its Objection to
the Respondent’s Motion to Strike.
On February
4,
1982, the Board
entered an Order which denied the Respondent’s motion.
A hearing was held on October 20, 1982.
The parties filed a
Stipulation and Proposal for Settlement on November 17,
1982.
The Respondent owns and operates a wastewater treatment plant
located in the Village of Pawnee,
Sanganion County,
Illinois which
discharges effluent into Horse Creek,
a tributary of the Sangamon
River.
(Stip.
2).
The Village was issued NPDES Permit No.
IL 0033324 on February 13,
1975 and the NPDES Permit,
as modified
on May 20,
1977, expired on February 1,
1980.
(Stip.
2;
Ex.
A & B).
An NPDES Permit renewal application was submitted to the Agency on
June
23,
1981.
The proposed settlement agreement provides that the Respondent
admits the allegations
id
the Complaint and agrees to:
(1)
follow
a detailed compliance plan and schedule to correct all environmental
problems
(including the development of sewer system evaluation
surveys and corrective plans, design and construction of the requi-
site improvements in the facility, prompt grant applications, and
“construction of a tertiary treatment system regardless of the
availability of Federal or State funding”) and
(2) pay a stipulated
penalty of $6,000.00.
(Stip.
10—13).
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 accept-
able under Procedural Rule 331 and Section 33(c)
of the Act.
The Board finds that the Respondent, Village of Pawnee,
has
violated Rules 410(a),
501(c),
901,
910(n)(1),
and
910(n)(2) of
50-118
—3—
Chapter
3:
Water Pollution Regulations and Sections 12(a)
and
12(f)
of the Act.
The Respondent will he ordered to follow the
specified compliance plan and pay a stipulated penalty of $6,000.00.
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.
Respondent, Village of Pawnee, has violated Rules 410(a),
501(c),
901,
910(n) (1),
and 910(n)(2) of Chapter
3:
Water Pollution
Regulations and Sections
12(a)
and 12(f)
of the Illinois Environ-
mental Protection Act.
2.
Within 30 days of the date of this Order, the Respondent
shall, by certified check or money order payable to the State of
Illinois, pay a stipulated penalty of $6,000.00, which
is to be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
3.
The Respondent shall comply with all the terms and condi-
tions of the Stipulation and Proposal for Settlement filed on
November 17,
1982,
which is incorporated by reference as
if fully
set forth herein.
Chairman Dumelle dissented.
I,
Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that t~ieabove Opinion and Order
were
adopted
or~the
f(ç*t.
day
of
~
,
1982
by
a
vote
of
.‘~/~/
.
‘I!
~i/~7~
Christan
L. Moffe~~.
~~Lei~k
Illinois Pollution’Cbntrol Board
50- 119