ILLINOIS POLLUTION CONTROL BOARD
    August
    7,
    1980
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 79—102
    CITY OF La HARPE,
    a Municipal
    Corporation,
    Respondent.
    MR. BRIAN
    E. REYNOLDS, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MR. RICHARD RASMUSSEN, CITY ATTORNEY, APPEARED ON BEHALF
    OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the May
    4,
    1979 Complaint
    brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that,
    from August
    1,
    1978 until
    August
    31,
    1978,
    the Respondent,
    the City of La Harpe
    (“City”),
    operated its wastewater treatment plant
    (“plant”)
    in such a manner
    as to violate the BOD5 effluent limitations
    set in its NPDES Permit
    in violation of
    Rules 410(a) and 901 of Chapter
    3:
    Water Pollution
    Control Regulations
    (“Chapter
    3”) and Sections 12(a) and 12(f)
    of
    the Illinois Environmental Protection Act (“Act”).
    Count II alleged that,
    from April
    1,
    1978 until May
    4,
    1979,
    the City allowed the discharge of effluents containing total
    suspended solids
    in excess of the limitations prescribed in its
    NPDES Permit
    in violation of Rules 410(a)
    and 901 of Chapter
    3 and
    Sections 12(a) and 12(f)
    of the Act.
    Count III alleged that the City allowed the discharge of
    contaminants to an unnamed tributary
    of the South Branch of Crooked
    Creek from
    a wet well at the City’s lift station
    (located at Third
    and Archer Street) without the requisite NPDES Permit in violation
    of Rule 901 of Chapter
    3 and Sections 12(a)
    and 12(f)
    of the Act.
    Count IV alleged that,
    from
    July
    30,
    1977 until May
    4,
    1979,
    the City failed to provide auxiliary power or auxiliary pumping
    facilities
    at its Third and Archer Street lift station in violation
    of its NPDES Permit and in violation of Rules 601(a) and 901
    of
    Chapter
    3 and Sections 12(a)
    and 12(f)
    of the Act.
    —2—
    Count V alleged that,
    from July 30,
    1977 until May 4,
    1979,
    the City violated its NPDES Permit by failing to provide facilities
    or equipment to measure total flow of effluent in violation of
    Rules 502(a) and 901 of Chapter
    3 and Sections 12(a) and 12(f) of
    the Act.
    Count VI alleged that,
    from July 30,
    1977 until May 4,
    1979,
    the City operated its plant without a properly certified operator
    in violation of Rules
    410(a),
    901,
    and 1201 of Chapter
    3 and
    Sections 12(a) and 12(f) of the Act.
    Count VII alleged that,
    from October 1, 1977 until May 4,
    1979,
    the City failed to monitor and report to the Agency on various
    effluent parameters
    (fecal coliform,
    ammonia, and BOD5)
    as required
    by its NPDES Permit
    in violation of Rule 901 and Sections 12(a)
    and 12(f) of the Act.
    Count VIII alleged that,
    from April
    1,
    1978 until May
    4,
    1979,
    the City failed to report to the Agency concerning the effluent
    violations set out in Counts
    I and II
    pertaining to
    BODç and total
    suspended solids in violation of Rules
    410(a) and 901 of Chapter
    3
    and Sections 12(a) and 12(f)
    of the Act.
    Count IX
    alleged that,
    from October
    1,
    1977 until November 30,
    1977,
    the City caused or allowed overflows from its sanitary sewers
    in violation of Rule 602(b)
    of Chapter
    3 and Section 12(a) of the
    Act.
    A hearing was held on June 20,
    1980.
    The parties filed a
    Stipulation and Proposal for Settlement on July
    15,
    1980.
    The City of La Harpe operates a wastewater treatment facility
    in Hancock County,
    Illinois which discharges wastewater into the
    South Branch of Crooked Creek pursuant to NPDES Permit No.
    IL 0025071.
    Discharge monitoring reports filed by the City during the time period
    between April,
    1978 and September,
    1978 indicate that violations
    of various conditions
    in its NPDES Permit occurred.
    (Stip.
    3).
    The parties have stipulated that the City allowed the discharge
    of sewage from a wet well at its Third and Archer Street lift
    station.
    (Stip.
    4).
    There was no NPDES Permit for the discharge
    of the wet well into a drainage ditch north of the lift station.
    (Stip.
    4).
    It is also stipulated that the City failed to provide:
    (1) auxiliary pumping facilities at the lift station since July 30,
    1977;
    (2) flow—composited effluent concentrations as required by
    its NPDES Permit
    (from October
    1,
    1977 until May of 1979);
    (3) information within five days of a failure to comply with an
    effluent limitation in its NPDES Permit
    (See: Standard Condition #9
    of the Permit)
    and
    (4) failed to monitor and report concentrations
    for fecal coliform.
    (Stip.
    4).
    On August
    5,
    1977 and on November 2,
    1977,
    Mr. Larry Jones of
    West Second Street in the City of La Harpe reported to the Agency
    that sewage back—ups had occurred in the basement of his home.
    (Stip.
    5).
    However,
    since that date, the City has taken several
    —3
    steps
    to
    rectify
    matters.
    The
    City
    of
    La
    Harpe
    has
    installed
    a
    T
    (“tee”)
    on
    its
    force
    main
    and
    provided
    a
    portable
    pump
    to
    deal
    with
    overflows
    from
    its
    Third
    and Archer Street lift
    station.
    Additionally,
    the City has applied for
    a grant to upgrade its sewer
    facilities and Step
    1 of the grant process was completed on
    February
    6,
    1979.
    (Stip.
    5).
    Since the date of the reported
    sewage back—ups, the Agency has received no complaints regarding
    any other sewage back—ups.
    (R.
    4).
    The proposed settlement agreement provides that the Respondent
    admits the allegations charged in Count I, II, III, IV, V, VII,
    VIII, and IX of the Complaint
    (the Complainant has requested that
    the Board dismiss Count VI of the Complaint)
    and agrees to:
    (1)
    cease and desist from further violations;
    (2) expeditiously
    pursue funding under the grant program (and not fall behind in its
    grant schedule);
    (3) establish a systematic program to locate and
    eliminate, where possible, obvious sources of infiltration and
    inflow such as footing tiles,
    drain pipes,
    and sump pumps;
    (4)
    follow a detailed compliance plan to correct all environmental
    problems, and
    (5) pay a stipulated penalty of $1,000.00
    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.
    The Board
    finds the stipulated agreement acceptable
    under Procedural Rule 331 and Section 33(c) of the Act.
    The Board
    finds that the Respondent,
    the City of La Harpe,
    has violated
    Rules 410(a),
    502(a),
    601(a),
    602(b), and 901 of Chapter
    3:
    Water
    Pollution Control Regulations and Sections 12(a) and 12(f) of the
    Act.
    The Respondent is ordered to cease and desist from further
    violations of Chapter 3 and the Act.
    The Board hereby dismisses
    Count VI of the Complaint.
    The stipulated penalty of $1,000.00
    is assessed against the City of La Harpe.
    This Opinion constitutes the Board’s findings of fact and
    conslusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution
    Control
    Board
    that:
    1.
    The Respondent,
    the City of La Harpe, has violated Rules
    410(a),
    502(a),
    601(a),
    602(b), and 901 of Chapter
    3:
    Water
    Pollution Control Regulations and Sections 12(a) and 12(f) of the
    Illinois Environmental Protection Act.
    2.
    The
    Respondent
    shall
    cease
    and
    desist
    from
    further
    violations.
    3.
    Within
    45
    days
    of
    the
    date
    of
    this
    Order,
    the Respondent
    shall,
    by
    certified
    check
    or
    money
    order
    payable to the State of
    Illinois,
    pay the stipulated penalty of
    $1,000.00
    which
    is
    to
    be
    sent to:
    —4—
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    4.
    The
    Respondent
    shall
    comply
    with
    all
    the
    terms
    and
    conditions
    of
    the Stipulation and Proposal
    for Settlement filed on
    July
    15,
    1980,
    which is incorporated by reference as
    if
    fully
    set
    forth
    herein.
    5.
    Count
    VI
    of
    the
    Complaint
    is
    hereby dismissed.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the Illinois Pollution Control
    Board, her~bycertify that the a ove Opinion and Order were adopted
    on the
    ‘7~
    day of
    _____________,
    1980 by a vote of
    ________
    a
    Christan L. Moff~t~Clerk
    Illinois Pollutidi~tontrolBoard

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