ILLINOIS POLLUTION CONTROL BOARD
    April
    17, 1980
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—238
    CITY OF PLANO, a Municipal
    )
    Corporation,
    Respondent.
    MR. THOMAS W.
    GRANT, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the August
    30, 1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count I of the Complaint alleged that, from October 23,
    1977 until August
    30,
    1978, the Respondent failed to monitor and
    report monthly
    to the Agency the concentrations of biochemical oxygen
    demand,
    total suspended solids, fecal coliform and cyanide in effluents
    discharged from its municipal sewage treatment plant in Kendall
    County,
    Illinois into Big Rock Creek
    in violation of Rule 901 of
    Chapter
    3:
    Water Pollution Control Regulations
    (“Chapter 3”) and
    Sections
    12(a), 12(b), and 12(f)
    of the Illinois Environmental
    Protection Act
    (“Act”).
    Count II alleged that, from October 23, 1977
    until August
    30,
    1978, the City of Plano
    (“City”) violated its NPDES
    Permit by failing to monitor and report to the Agency at
    6 month
    intervals the effluent concentrations of arsenic
    (total), barium
    (total), cadmium
    (total), chromium (total hexavalent), chromium
    (total trivalent),
    copper
    (total), cyanide
    (total), fluoride
    (total, iron
    (total), iron
    (dissolved),
    lead
    (total), manganese
    (total), mercury
    (total), nickel
    (total), oil
    (hexane solubles or
    equivalent),
    zinc
    (total), phenols, selenium
    (total) and silver
    (total)
    in violation of Rule 901 of Chapter
    3 and Sections 12(a),
    12(b), and 12(f)
    of the Act.
    On January 10, 1980, the Board entered
    an Order which mandated that a hearing be held within
    60 days.
    A
    hearing was held on March 10,
    1980.
    The parties filed
    a Stipulation
    and Proposal for Settlement on March 14, 1980.
    The City owns and operates a sewage treatment plant in Kendall
    County,
    Illinois which discharges effluent pursuant to NPDES Permit
    No.
    IL 0020052.
    (See: Attachment A).
    This NPDES Permit requires
    that the Respondent submit monthly reports to the Agency pertaining
    to the concentrations of biochemical oxygen demand,
    suspended solids,
    and cyanide in its effluents.
    (See: Attachment B).
    Additionally,
    —2—
    the NPDES Permit requires that the City submit monitoring reports to
    the Agency every
    6 months relating to the concentrations of various
    specified chemicals in its discharged effluents.
    However,
    it is
    stipulated that the City failed to comply with these requirements.
    (Stip.
    2).
    The proposed settlement agreement provides that the Respondent
    will expeditiously attain full compliance with the conditions of its
    NPDES Permit by conducting a detailed sampling program using the
    appropriate analytical instrumentation devices.
    The parties have
    stipulated that the City has already obtained an analytical device
    for cyanide testing.
    (Stip.
    2).
    Additionally, the City has agreed
    to pay a stipulated penalty of $1,000.00 and apply to the Agency for
    a modified NPDES Permit.
    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 Plano, has operated its
    municipal sewage treatment plant
    in violation of Rule 901 of Chapter
    3:
    Water Pollution Control Regulations and Sections 12(a),
    12(b), and
    12(f)
    of the Act.
    The stipulated penalty of $1,000.00
    is assessed
    against the City.
    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, the City of Plano, has violated Rule 901 of
    Chapter
    3:
    Water Pollution Control Regulations and Sections 12(a),
    12 (b), and
    12 (f)
    of the Illinois Environmental Protection Act.
    2.
    Within 28 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:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    The Respondent shall comply with all the terms and conditions
    of the Stipulation and Proposal for Settlement filed March 14,
    1980,
    which
    is incorporated by reference as
    if fully set forth herein.
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the
    (71~day of
    ______________,
    1980 by a vote of
    C
    Illinois Pollution
    Board

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