ILLINOIS POLLUTION CONTROL
    BOARD
    September 7,
    1978
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 77—107
    RANCH OAKS SERVICE ASSOCIATION,
    )
    an Illinois not-for-profit
    )
    corporation,
    )
    Respondent.
    MS. JUDITH
    S.
    GOODIE, ASSISTANT ATTORNEY GENERAL,
    APPEARED
    ON BEHALF
    OF
    THE
    COMPLAINANT.
    MURPHY,
    TIMM,
    LENNOM,
    SPESIA
    &
    AYERS,
    ATTORNEYS
    AT
    LAW
    (MR.
    E.
    KENT
    AYERS, 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 April 14,
    1977
    Complaint brought by the Illinois Environmental Protection Agency
    charging
    the Ranch Oaks Service Association with violations of
    Rules
    203(a),
    401(c),
    403,
    404(f)
    and
    405
    of
    Chapter
    3:
    Water
    Pollution Regulations and Section 12(a)
    of the Illinois
    Environ-
    mental Protection Act.
    A hearing was held on March
    2,
    1978.
    The
    parties filed a Stipulation and Proposal for Settlement on March
    7,
    1978.
    The Ranch Oaks Service Association
    (“Ranch Oaks”) owns and
    operates a sewage treatment plant located approximately one mile
    northwest of Manhattan, Will County,
    Illinois along U.
    S. Route 52.
    Ranch Oaks is an Illinois not—for—profit corporation whose purpose
    is to provide a common sewage disposal system for residents and lot
    owners of the Ranch Oaks Subdivision in Will County.
    The
    Respondent is dependent upon its approximately seventy home owners
    for funds for the operation and maintenance of its sewage treatment
    plant and the construction of necessary improvements,
    since as
    a
    service association it isnot eligible for federal funding or other
    federal financial aid.
    31—35j
    —.2—
    The Respondent’s sewage treatment plant, which was constructed
    in 1958, discharges effluent into Jackson Creek,
    a tributary to the
    Des Plaines River.
    The dilution ratio of the seven—day, once in
    ten years low flow of the receiving stream (i.e., Jackson Creek)
    to
    the average dry weather flow of the Ranch Oaks sewage treatment
    plant is less than one to one.
    The stipulated background facts indicate that the Sanitary
    Water Board granted Ranch Oaks a permit to install and operate its
    treatment plant in 1959.
    In 1960, the Respondent received a permit
    from the Sanitary Water Board to install and operate sanitary sewer
    extensions with a discharge to the treatment works.
    On December
    8,
    1972, Ranch Oaks submitted to the Agency a Project Completion
    Schedule pursuant to Rule 1002 of the Board’s Water Pollution
    Regulations, which provided for the addition of:
    1)
    a final
    clarifier scum baffle and air lift;
    2)
    an effluent sand filter;
    3)
    an effluent chlorine contact tank; and
    4)
    flow recording
    facilities.
    These modifications to the treatment plant were to be
    completed by December,
    1974.
    However, at the time of filing of
    the Complaint in this case,
    these modifications had not yet been
    made.
    On June
    9, 1976,
    a compliance conference was held,
    at which
    time Respondent agreed to apply for an NPDES permit, and to apply
    to the Agency for a permit to install disinfection facilities.
    Ranch Oaks further agreed to upgrade its treatment plant in accor-
    dance with a schedule to be set forth
    in the NPDES permit.
    Nevertheless, at the time of filing of the Complaint
    (i.e., April
    14,
    1977),
    the actions agreed to by the Respondent had not yet been
    taken.
    Subsequently,
    in May,
    1977,
    the Respondent met with officials
    of the EPA and the office of the Attorney General and worked out a
    preliminary schedule of modifications and completions to the Ranch
    Oaks sewage treatment plant.
    In July,
    1977,
    the Respondent
    was
    granted an exemption from Rules
    404(c)
    and 404(f), according to
    Rule 404(c)
    (iii)
    of the Board’s Water Pollution Regulations, and
    its effluent now must not exceed a standard of 30 mg/i BOD5
    and
    30 mg/i suspended solids.
    Ranch Oaks applied to the Agency for a
    permit to construct disinfection facilities and the Agency issued
    this permit on July 29, 1977.
    To finance all of the improvements,
    the Respondent collected $700.00 from each lot owner in its sub-
    division.
    Initial construction was started on December 1,
    1977
    and is proceeding essentially on schedule despite adverse weather
    conditions during the earlier part of the year.
    31—352
    —3—
    In the proposed settlement agreement submitted to the Board
    for approval, it is stipulated that:
    (1)
    On November 19,
    1975,
    December
    4,
    1975 and November 10,
    1976, the Respondent operated its
    sewage treatment plant so as to cause or allow Jackson Creek to be
    contaminated with unnatural sludge or bottom deposits, floating
    debris, unnatural plant Or algae growth, and unnatural color or
    turbidity, in violation of Water Rule 203(a);
    (2) On August 22,
    1974,
    July 17,
    1975, November 19,
    1975, December 4,
    1975, June 3,
    1976, and November 10, 1976, discharged effluent contained settle—
    able solids, floating debris, scum,
    sludge solids which was of such
    a character that color, odor, and turbidity were not reduced below
    obvious levels,
    in violatiOn of Water Rule 403;
    (3) On May 18, 1972,
    August 22,
    1974, February 27,
    1975, July 17,
    1975, November 19,
    1975,
    December
    4,
    1975, June 3,
    1976,
    and November 10,
    1976, discharged
    effluent contained fecal coliform exceeding five times the numerical
    standard prescribed by Water Rule 405;
    (4) On February 27,
    1975,
    July 17,
    1975, November 19,
    1975, December 4,
    1975,
    and November 10,
    1976,
    discharged effluent contained biochemical oxygen demand
    exceeding 5 times the numerical standard prescribed by Water Rule
    404(f);
    (5) On August 22,
    1974, July 17,
    1975, November 29,
    1975,
    June 3,
    1976,
    and November 10,
    1976, discharged effluent contained
    suspended solids exceeding five times the numerical standard pre-
    scribed by Water Rule 404(f); and
    (6)
    On May 18,
    1972, August 22,
    1974, February 27,
    1975, July 17,
    1975, November 19,
    1975,
    December 4,
    1975, June 3,
    1976,
    and November 10,
    1976,
    the Respondent
    allowed the discharge of contaminants
    (i.e.,
    treated and untreated
    sewage)
    from its sewage treatment plant into the environment of
    Il1inoi~,thereby causing water pollution in violation of Section
    12(a)
    of the Illinois Environmental Protection Act.
    The proposed settlement agreement provides that the Respondent
    pay a stipulated penalty of $1,000.00. and promptly modify its
    treatment plant to bring it into compliance with the Act and the
    Board’s Water Pollution Regulations
    (including, but not limited to,
    the installation of sand filters,
    a chlorine contact tank,
    a final
    clarifier scum return and a flow recording facility).
    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 Act.
    Incinerator,
    Inc.
    v. Illinois Pollution Control
    Board,
    59
    Ill.. 2d 290,
    319 N.E. ~794
    (1974).
    Accordingly,
    the Board accepts the Stipulation and Proposal
    for Settlement and finds the Ranch Oaks Service Association in
    violation of Rules 203(a), 403,
    404(f)
    and 405 of Chapter
    3:
    Water Pollution Rules and Regulations and Section 12(a)
    of the
    Act during the previously specified dates from May 18,
    1972 until
    April 14, 1977.
    The Board imposes the stipulated penalty of
    $1,000.00
    31—353
    —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 Ranch Oaks Service Association has violated Rules
    203(a),
    403,
    404(f) and 405 of Chapter
    3:
    Water Pollution
    Rules
    and Regulations and Section 12(a)
    of the Act.
    2.
    Within 35 days of the date of this Order, the Ranch Oaks
    Service Association shall pay the stipulated penalty of $1,000.00
    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 Ranch Oaks Service Association shall comply with all
    the
    terms and conditions of the Stipulation and Proposal for
    Settlement filed March 7,~1978, which is incorporated by reference
    as if fully set forth herein.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~bycertify the above Opinion and Order were
    adopted on the
    1~
    day of
    ___________________,
    1978 by a
    vote of
    4.-ta
    Illinois Pollution
    Board

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