ILLINOIS POLLUTION CONTROL
BOARD
May 15,
1980
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—305
GLEN’S
RESTAURANT,
INC.,
d/hla
GLEN’S
TRUCK STOP,
Respondent.
MS. CHRISTINE
G.
ZEMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF
OF THE COMPLAINANT.
MRS.
CLARA J. JONES,
THE OWNER OF
THE BUSINESS, APPEARED ON BEHALF
OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Board Member Werner):
This matter comes before the Board on the Dece~Tiber12, 1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that the Respondent
failed to submit monthly Discharge Monitoring Reports on
a
semi—annual basis to the Agency pertaining to a wastewater
treatment facility (“facility”)
at the restaurant as required by
its NPDES Permit for the months of September,
1977 through
October,
1978 in violation of Rule 901 of Chapter
3:
Water
Pollution Control Regulations
(“Chapter 3”) and Section 12(f)
of
the Illinois Environmental Protection Act
(“Act”).
Count II
alleged that the Respondent operated its facility without an
Agency—certified operator
in violation of Rules 901 and 1201 of
Chapter
3 and Section 12(f) of the Act.
Count III alleged that
from January
9,
1975 until December 12,
1978,
the operation and
maintenance of the facility was low in quality (including, but not
limit.ed
to, improper operation and maintenance of the sand filter)
in violation of Rule
901 of Chapter
3 and Section 12(f)
of the Act.
On January 10,
1980,
the Board entered an Order which mandated
that
a hearing be held within
60 days.
On January
23,
1980,
the
Agency filed a Motion for Modification which requested that the
Board extend the time by which the hearing must be held
from
March
10, 1980 to April
18,
1980.
On February
7,
1980,
the Board
granted the Agency’s motion.
A hearing was held April 15,
1980.
The parties filed a Stipulation and Proposal for Settlement on
April
18,
1980.
—2—
The Respondent owns and operates a wastewater treatment
facility at its restaurant which
is located at U.S.
Highway
51 in
Cairo, Alexander County,
Illinois which discharges effluent
pursuant to NPDES Permit No.
IL 0045276 into the Ohio River by way
of
the Goose Pond Pumping Station.
(See:
Exhibit A).
This NPDES
Permit requires that the Respondent submit its monthly Discharge
Monitoring Reports on a semi—annual
basis on March 15th and
September 15th of each year.
It
is stipulated that Glen’s
Restaurant,
Inc.
failed to
submit the requisite reports
to the
Agency for the months of September,
1977 through January,
1979.
Since January
1979, the Respondent has submitted its Discharge
Monitoring Reports on a monthly basis.
(Stip.
2).
The parties
have also stipulated that the Respondent hired an Agency-certified
operator in January
of 1979 to direct the operation of its facility
and submit
the necessary reports.
(Stip.
3).
The Respondent has
admitted that during the time period alleged
in the Complaint, the
operation and maintenance of its facility
(including the sand
filter) was not at optimum
levels.
(Stip.
3).
The proposed settlement agreement and compliance program
provides that the Respondent will:
(1) properly operate and
maintain its wastewater treatment facility until
such a time
as the
restaurant
is connected to the municipal
sewer system of the City
of Cairo on,
or before,
August
1,
1980;
(2)
take all steps
necessary after the cessation of operations at its facility to
insure that its abandoned wastewater treatment system will not
cause possible health or
safety problems
(including
the dismantling
of all above—ground pipes,
pumps,
appurtenances,
and the sand
filter);
(3) dispose of all debris
at an Agency—permitted
landfill, and
(4) pay
a stipulated penalty of
$100.00
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 has operated its wastewater treatment
facility
in violation
of Rules 901
arid 1201 of Chapter
3:
Water
Pollution Control Regulations and Section
12(f)
of the Act.
The
stipulated penalty of $100.00
is assessed against the Respondent.
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 Respondent, Glen’s Restaurant,
Inc.,
d/b/a Glen’s
Truck Stop,
has violated Rules
901 and 1201 of Chapter
3:
Water
Pollution Control Regulations
and Section
12(f)
of the Illinois
Environmental Protection
Act.
—3~-
2.
Within
30 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 $100.00 which
is
to be
sent to:
Il linois
Environmental
Protection
Agency
J~i.
~cal
Serv
i.COS
Pivision
2200
Church
1.11
fl03c1
~rinqfield,
illinois
62706
3.
The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed
April
18,
1980, which
is incorporated by reference as
if fully
set forth herein.
I, Christan L.
Moffett, Clerk of
the
Illinois Pollution Control
Board, hereby certify that the above Opinion and Order were
dopted
on the ~~~day
of
___
,
1980 by a vote of
—~
Christan
L.
Moffett, Clerk
Illinois Pollutior~~ControlBoard
