ILLINOIS POLLUTION CONTROL BOARD
November
2,
1978
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—22
VILLAGE OF TALLULA, a municipal
corporation,
Respondent.
MR. HOMER
J. TICE, KNUPPEL, GROSBOLL,
BECKER
& TICE APPEARED ON
BEHALF OF RESPONDENT.
MR. STEPHEN
T.
GROSSMARX, ASSISTANT ATTORNEY GENERAL, APPEARED
ON BEHALF OF THE AGENCY.
OPINION AND ORDER OF
THE
BOARD
(by
Mr.
Dumelie):
The Complaint in
this
case alleges that Respondent owns and
operates
a sewage treatment plant which
is not under the direct
supervision of an operator certified by the Agency.
This con-
stitutes a violation of Rule 1201 of Chapter
3: Water Pollution of
the Board’s Rules and Regulations.
A hearing was held on Septem-
ber 25, 1978 in the Village Hall
in Tallula.
No members of the
public were present.
At the hearing the parties offered a Statement of Stipulated
Settlement to resolve this case.
The stipulation states that
Respondent has operated a sewage treatment facility consisting of
three aerated lagoons since
1972.
This facility requires a Class
D Agency certified operator.
Since September
1, 1974 Respondent
has not employed a certified operator.
A copy of
a contract,
attached as Exhibit A,
shows that a certified operator was retained
on
May 2,
1978.
A penalty of $250.
is proposed in the stipulation.
The Board accepts
the stipulation as
a satisfactory resolu-
tion of this case.
Paragraphs
8-li of the stipulation provide
a framework
for consideration of the factors
in Section 33(c)
of the Act.
After a review of those factors,
the proposed
penalty appears reasonable.
This Opinion constitutes the Board’s findings of fact
and conclusions of law in this case.
32—2 1
_~)
—
ORDER
It
is the Order of the Pollution Control Board
that:
1.
Respondent has violated Rule 1201 of Chapter
3: Water
Pollution of the Board’s Rules and Regulations;
and
2.
Within 45 days of the date of this Order Respondent
shall forward the sum of $250.
by certified check or
money order payable
to the State of Illinois to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereb~ certify the above Opinion
nd Order were
adopted on the
*_____________
day of
_____________,
1978 by
avoteof
________.
Christan L.
Moffe
lerk
Illinois Pollution
ntrol Board
2—27