ILLINOIS POLLUTION CONTROL BOARD
    Janu~.ryl4, 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCB 75—321
    VILLAGE OF IPAVA,
    Respondent.
    Mr. Barry Forman, Assistant Attorney General1 appeared on
    behalf of Complainant.
    Mr. George Proctor appeared on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    upon the August 20,
    1975, Complaint of the Environmental
    Protection Agency
    (Agency).
    The Complaint was amended on
    its face at a hearing held October
    29,
    1975.
    The Amended
    Complaint charges the Village of Ipava
    (Ipava) with owning
    and operating and controlling its sewage treatment plant in
    a manner so as to violate Section 12(a)
    of the Environmental
    Protection Act
    (Act),
    Rules
    203(a),
    203(f),
    402,
    403,
    405,
    501(a),
    602,
    and 1201 of the Water Regulations from April
    16.,
    1972 to the date of filing of the Amendment.
    Ipava is a municipality located in Fulton County,
    Illinois.
    It operates
    a sewage treatment plant proximate to
    Jake Creek.
    The system includes an Imhoff tank,
    a trickling
    filter,
    sludge basin and
    a final clarifier.
    Two
    bypass
    structures lead to Jake Creek
    (Adxn.
    of Fact).
    Two
    citizens appeared at the hearing to testify as to
    losses incurred from the malfunction of the treatment plant.
    Mr. Phil Roddis testified that his property is at the edge
    of the plant and that Jake Creek runs through his property
    (RiO).
    Mr. Roddis has lost six cows and calves
    in the Creek
    from poisoning in the last two years
    (Rll-13).
    He stated
    that the water in the Creek is cloudy, odiferous,
    and contains
    sludge deposits
    (R12-l3).
    Mr.
    Joe M. Mytich,
    through whose
    property Jake Creek also runs, stated that the water smells
    and has detergent in it
    CR18),
    and that the color of the
    water is bluish-gray and has an oil film
    CR19).
    Mr. Mytich
    reported that he has lost four calves, one cow and one bull
    to the water
    CR21).
    To prevent further loss he has penned
    his cattle and pumps water to them (R20—21).
    —
    679
    —2—
    Mr. Lyle A.
    Ray, an Environmental Protection Specialist,
    specializing in the area of water pollution control investigation,
    testified on behalf of the Agency.
    Mr.
    Ray has dealt with
    the Ipava plant since 1971
    CR31).
    Fifty—percent of this
    time the trickling filter has been out of order
    CR631).
    Indeed,
    Mr.
    Ray testified that he has seen the whole system
    properly operating twice,
    and that was during
    a dry period
    and that effluent was below standard
    CR64).
    Mr. Ray stated
    that he has spoken to the uncertified operator six to ten
    times and to the Mayor a couple of times
    CR65).
    The operator
    is lucky
    to spend more than one hour a day at the plant as
    he must also repair the streets
    and haul garbage
    (R66-7,
    90).
    Mr. Ray feels that if the plant was in proper operating
    condition then proper maintenance would consume four hours a
    day.
    Mr. Michael DeMarzo,
    a Class
    I Operator and Agency
    consultant agreed with Mr. Ray
    (Rl02 and 110).
    On October 28,
    1975,
    Mr. DeMarzo observed primary effluent being discharged,
    meaning that there was sedimentation treatment only
    (Rl03).
    No secondary treatment occurred because the centrifugal
    pumps were not in operation.
    The Agency submitted several field investigation reports
    as exhibits.
    These started on October
    5,
    1972 and show that
    much of the time the treatment works were in poor repair.
    The final effluent on that date was grey, turbid and odiferous~
    The BOD was recorded at
    64 mg/i and f.
    coli at 7,200,000/100
    ml
    (Comp.Ex.1).
    The February
    5,
    1974 inspection showed
    17
    equipment deficiencies with f.
    coil measured at 5,600,000/100
    ml
    (Comp.
    Ex.
    5).
    On April
    1,
    1974 it was observed that 60
    of the plant flow was either being completely bypassed as
    raw sewage or bypassed after primary treatment
    (Comp. Ex.6).
    It appears that the trickling filter seal has leaked continuously
    since 1972
    (Comp.
    Ex.. 1-17).
    The Board finds the record to support, since April 16,
    1972,
    a finding of violation of Section
    12(a)
    of the Act.and
    Rules 203(a),
    402,
    403,
    501(a)
    and 1201 of the Water
    Regulations.
    The Board also finds that Ipava has violated
    Rule 602 of the Water Regulations since July .1,
    1972.
    The Village Board of Trustees of the Village of Ipava
    have passed a resolution on November 3,
    1975, to participate
    in “Project Optimize,”
    a State funded program under
    which the Village must bear 25
    of the cost.
    The Board
    finds that Project Optimize should result in substantial, if
    19
    —
    880
    —3—
    not total, compliance with the Board’s Water Regulations.
    Ipava’s Step
    I Federal grant application was approved May 14, 1975
    (Res. Ex.20).
    Step
    I will determine whether to update the present
    facilities or to build
    a new plant
    (R41).
    Step II would be
    preparation of contract plans and specifications and Step
    III would consist of the actual construction of the facility.
    The Village has 270 customers hooked up to its sewer
    (R15l)
    and will increase its fees
    in order to absorb the
    costs of Project Optimize.
    It
    is the Board’s opinion that the violations found
    herein warrant a substantial penalty.
    However,
    in view of
    Ipava’s participation in Project Optimize,
    a penalty of
    $300.00 will be assessed.
    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:
    a)
    The Respondent, Village of Ipava,
    is found to have
    violated Section 12(a)
    of the Act and Rules 203(a),
    203(f),
    402,
    403,
    405,
    501(a)
    and 1201 of the Water Regulations from
    April
    16, 1972 and Rule 602 of the Water RegulatiOns from
    July
    1,
    1972;
    and
    b)
    For said violations,
    a penalty of $300.00
    is
    assessed,
    to be paid within
    35 days of this Order, by check
    or money order, payable
    to:
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois 62706;
    and
    c)
    Respondent Ipava shall comply with said Rules by
    participating in Project Optimize.
    IT IS SO ORDERED.
    Mr. Young abstains.
    I, Christan L. Moffett,
    Clerk of the Illinois
    Pollution
    Control Board,
    hereby certify the above Op
    ion and Order
    were adopted on the
    _______________
    day of
    _______________
    1975 by a vote of
    3-~
    Christan L. Mof ett
    rk
    Illinois Pollution C x’~rolBoard
    19
    —
    681

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