ILLINOIS POLLUTION CONTROL BOARD
June
18,
1976
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v
)
PCB 75—507
COUNTY
OF
LAKE
-
DEPARTMENT
OF
PUBLIC
WORKS,
Respondent.
Ms. Mary Schlott, Assistant Attorney General, appeared on behalf
of
Complainant
Mr.
Gary Neddenriep, Assistant State’s Attorney, appeared on behalf
of Respondent
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board)
upon the December 31,
1975 Complaint of the Environmental Protection
Agency
(Agency) charging the Respondent County of Lake,
Department
of Public Works
(County) with operating a Sewage Treatment Plant
in
violation of Rules
203,
403,
404,
405 and 1201 of the Water Regula-
tions and Sections 9(a) and 12(a) of the Environmental Protection Act
(Act).
A hearing was held May 13,
1976.
A Stipulation of Fact and a
Proposed Compliance Plan was received by the Board on May 17,
1976.
The County owns and operates an activated sludge treatment plant
known as the Countryside Manor STP serving an unincorporated area
with a population of 790 persons.
Its effluent is discharged into
the Des Plaines River via an unnamed tributary having a dilution
ratio of less than one to one.
The Respondent admits the violations
as alleged in the Complaint on the dates
in question as to odor
yb--
lations and the operation without a certified sewage treatment plant
operator.
The Respondent stipulate that the filed reports
(Ex.
2)
are accurate.
These reports support a finding of violation of Rules
203,
403,
and 405.
However due to the sampling methodology,
a Rule
22—157
—2—
404 violation cannot be found.
The Parties stipulate that
it is
technically
feasible to control the effluent quality and the odor
violations and that said control would not impose an economic hard-
ship on the
Respondent.
The Parties stipulate to the following compliance plan:
a)
An operator, holding a Class
4 certificate or better,
and an assistant shall each spend a minimum of two man-hours
daily on weekdays for needed operation and maintenance.
b)
Department personnel shall make at least one other visit
daily to the plant to check for irregularities in operation.
c)
On weekends, personnel shall check out the plant once
daily.
d)
Personnel shall be on call seven days a week,
24 hours
a day,
and respond promptly to reports of operational problems.
e)
Permanent polymer addition facilities shall be installed
to enhance final effluent quality.
f)
The operator shall have sufficient time at the plant
to
perform daily the necessary plant control tests,
as specified
in Table No.
2 of Water Pollution Control Technical Policy No.
20—24 for plant capacities of 0.1 mgd.
g)
Sufficient laboratory manpower shall be provided to
analyze all samples required by the procedures specified
in sub—paragraph F above and any others required by law.
Results shall be recorded daily and submitted monthly to the
Agency.
h)
Effluent monitoring shall be performed at the frequency
specified by the NPDES permit,
using composite sampling, unless
an alternate method is approved by the U.S. Environmental
Protection Agency.
1)
Decanting of the plant digester shall take place during non-
critical periods and at a time when the operator is
readily
available to assess operating conditions,
so
as to keep decanting
time to a minimum.
22—158
—3—
1)
The department shall acquire any additional permits
required by this Program.
The Parties stipulate that the Program will cost an additional
$3,400.00 this year and $7,000.00 annually.
It is also stipulated
that the implementation of the Compliance Plan should prevent further
violations of the Rules complained of herein.
It
is expected that
the area will divert its sewage to the Libertyville STP by the fall
of 1977.
Robert J.
Degen,
Director of Public Works, testified that
sub-
stantial compliance with the plan has been effected.
However,
he
admits that construction and operating permits have not been obtained
and that as the composite sampler has not been purchased, grab samples
are being used
(R.l3-26).
The Board finds the violations on the dates alleged, except the
alleged violations of Rule 404.
The Board finds the Compliance Plan
to be adequate.
The Board has no reason to question the social and
economic value as well as
the suitability of the STP to the area,
but that value and suitability is severely diminished when it is
operated in violation of pollution regulations.
The technical feasi--
bility and economic reasonableness of compliance
is admitted.
After
considering the factors in Section 33(c)
of the Act, the Board finds
that a penalty is appropriate.
Here,
the Respondent could have com-
plied with the Board’s Regulations and the Act without hardship.
Yet, the Agency was forced to file a Complaint before Compliance
Plans were initiated.
A penalty of $300.00
is found to be appropri-
ate.
This Opinion constitutes the Board’s findings of fact and con-
clusions of law in this matter.
ORDER
It is the Order of the Board that
1.
County of Lake,
Department of Public Works at its Country-
side Manor STP is
found to have violated Rules
203,
403,
405,
and 1201 of the Water Regulations and Sections 9(a) and
12(a)
of the Act
as alleged in the Complaint herein.
22—159
—4—
2.
Respondent is assessed a penalty of $300.00 for said vio-
lations.
Said penalty shall be paid by certified check or money
order within thirty-five days of the date of this Order to:
State of Illinois
Environmental Protection Agency
Department of Fiscal Services
2200 Churchill Road
Springfield, Illinois
62706
3.
Respondent shall conform to the Compliance Plan found in
Paragraph 22 of the Stipulation which
is hereby incorporated by
reference as though.fully setforth herein.
4.
The alleged violation of Rule 404 of the Water Regulations
is dismissed.
I, Christan L. Moffett,
Clerk of the Illinois Pollution Control
Board, hereby certify t e above Opinion and Order were adopted on
the
~
day of
,
1976 by a vote of_____________
Christan L. Mo fett,
Illinois Pollution Co
Board
22—160