ILLINOIS POLLUTION CONTROL BOARD
    January
    4
    ,
    1979
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    v.
    )
    PCB 78—200
    CITY OF GRAFTON,
    Respondent.
    MR. PATRICK J. CHESLEY,
    ASSISTANT ATTORNEY GENERAL, APPEARED
    ON BEHALF OF THE COMPLAINANT.
    MR. GEORGE
    P. WHITTMAN, ATTORNEY AT LAW, APPEARED ON BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a complaint filed
    by the Environmental Protection Agency
    (Agency) on July
    28,
    1978.
    The complaint alleges that the City of Grafton,
    in Jersey
    County,
    Illinois has caused or allowed the use or operation of a
    public water supply without an NPDES permit
    in violation of
    Rules
    901 and 902(e)
    of the Chapter
    3:
    Water Pollution Regu—
    lations
    (Chapter
    3)
    and Section
    12(f)
    of the Environmental
    Protection Act
    (Act).
    A hearing was held on November
    21,
    1978
    at which time a stipulated agreement was submitted for Board
    approval.
    No testimony was given.
    The stipulated facts provide that the City of Grafton
    caused or allowed the use or operation of a public water supply
    system which discharges contaminants
    to a gravity drain line
    which discharges to a natural drainage channel, a tributary of
    the Illinois River.
    At no time since October
    24,
    1977, when
    Rules
    901 and 902(e)
    of Chapter
    3 became effective,
    to July 28,
    1978 did the City of Grafton possess an NPDES permit issued by
    the Agency for the City’s water supply system.
    In May,
    1978 the City was informed by letter of the need
    for a permit.
    The Grafton city council approved the submission
    of the appropriate application for the permit at its June meeting.
    However,
    due to a mix—up,
    the permit application was never sent
    to the Agency.
    The City of Grafton has applied for an NPDES
    permit and
    agrees to follow through and obtain the permit.
    32—361
    —2—
    The parties agreed that the character and degree of the
    injury was not known.
    However,
    the permit system is the heart
    of the regulatory program to protect the environment in Illinois.
    Such
    a program is
    an important information source concerning the
    quantity and character of the contaminants being discharged to
    waters of the state.
    The public water supply of Grafton has
    social and economic value and is suitable to the area in which
    it
    is located.
    There is no question of priority of location.
    It is technically practicable and economically reasonable for
    the city to obtain an NPDES permit for its wastewater discharge
    from its public water supply.
    Considering the nature of the
    violations
    and the City’s willingness to comply the parties
    agreed to a $100 penalty.
    The Board finds the agreement acceptable under Procedural
    Rule 331 and Section 33(c)
    of the Act.
    The notice requirement
    of Procedural Rule 331(c)
    was met in the November
    14, 1978
    Environmental Register
    (#183).
    The Board finds the City of
    Grafton
    in violation of Rules
    901 and 902(e)
    of Chapter 3 and
    Section 12(f)
    of the Act.
    Respondent
    is assessed
    a penalty of
    $100 and will be required to continue the necessary steps to
    obtain an NPDES permit.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    The City of Grafton is
    found to have violated Rules
    901 and 902(e)
    of the Chapter
    3:
    Water Pollution
    Regulations and Section 12(f)
    of the Environmental
    Protection Act.
    2.
    Respondent ~shall continue the necessary steps to
    receive the appropriate NPDES permit.
    3.
    Respondent shall pay a penalty of $100 within 45 days
    of this Order.
    Payment shall be by certified check or
    money order payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois 62706
    32—362
    —3—
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopt~don the
    ~/~‘
    —
    day ~
    1979 by a vote
    Illinois Pollution
    trol Board
    32—363

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