ILLINOIS
POLLUTION
CONTROL
BOARD
~January
24,
1980
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
)
PCB 79—24
VILLAGE
OF DESOTO,
an Illinois
Municipal Corporation, and
)
CLIFFORD HALE,
Respondents.
MR.
PATRICK
J.
CHESLEY,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT,
MR.
CHARLES
T~,
DECKER,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF
THE
VILLAGE
OF
DESOTO.
MR.
DONALD
E.
ELMOPE,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF
CLIFFORD
HALE.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Dr.
Satchell):
This
matter
comes
before
the
Board
upon
a
complaint
filed
by
the
Environmental
Protection
Agency
(Agency)
on
February
2,
1979.
An
amended
comolaint
was
filed
on
April
10,
1979
alleging:
Respondents
caused
or
allowed
the
construction
of
a
sewer
extension
from
River
Bend
Estates
Subdivision
of
the
Village
of
DeSoto
(Village),
Jackson County, without a permit in violation of Sec-
tions
12(a)
and
(b)
of the Environmental Protection Act
(Act)
and
Rules
951(a)
and 952(a)
of Chapter
3:
Water Pollution
(Chapter 3);
that Respondent Hale constructed a sewer in River Bend Estates
Subdivision and Respondent and the Village operated such sewer in
violation of permit conditions
in violation of Section 12(b)
of the
Act;
and,
that Respondents have caused or allowed the discharge of
raw sewage containing obvious color,
odor and turbidity from a hole
in a manhole in violation of Section
12(a)
of the Act and Rules
403,
602(b)
and 951(a)
of Chapter
3,
A hearing was held concerning
this
matter on August
30,
.1979.
At that time two stipulations were
presented for Board approval.
Each stipulation involved the Agency
and
one
of
the
Respondents.
No
testimony
was
given
and
no
members
of
the
public
commented,
The
stipulations
agree
concerning
the
basic
facts,
Clifford
H~1ewas issued permit
#l974—IA-l549
by
the
Agency for the con-
struction of sewers and a lift station in the River Bend Estates
37—193
Subdivision in the Village
of DeSoto, Jackson County,
Illinois.
Mr. Hale constructed a sewer system which did not conform with
the permit.
Fewer than the specified number of manholes were
installed and pumps other than those specified were installed in
a lift station,
Without the knowledge of the Village, Respondent
Hale constructed an extension to three houses beyond the subdivision
without the proper permits for construction or operation,
Re-
spondent Hale has sold several houses in the subdivision and on
the extension.
Since occupancy sewage has passed through the
~ewers.
The Village has accepted sewage from the extension since
approximately September,
1977.
In October,
1975 the Village began
assessing user charges against residents who were on the main sewer
line in the Subdivision,
On October
6,
1977 the Village learned of
the sewer extensions.
On or before December 14, 1978 Respondent Hale knocked a hole
in Manhole #5 of the Subdivision sewers.
He also put a hole in
the side of Manhole
#1, the lift station, without
a construction
permit.
Raw sewage has been discharged from the hole in Manhole
#5.
This sewage contained color, odor and turbidity levels which
were obvious.
The Village later became aware of the holes.
The Village
feels that it has pursued the only reasonable
course in this matter.
For the Village
to comply completely with
the law, it would have to shut off the sewer system from the River
Bend Estates Subdivision and not accept any sewage at all.
The
Village felt that this would place an unreasonable hardship on the
innocent thirty homeowners who are attached to the sewers and the
sewer extension in the subdivision.
The Village is willing to
accept the sewers when they are properly completed.
The Village
is willing
to supply its own equipment and man-
power at cost to bring the system into compliance, upon payment by
Respondent Hale for out—of—pocket expenses.
Respondent Hale agrees that he will correct the present sewer
system in the River Bend Estates Subdivision so that it conforms
to the original plans and specifications
as submitted in his permit
application and Permit #l974-IA-l549.
The specific details are set
out in the stipulation,
Respondent Hale agrees that these correc-
tions will be completed by no later than December
1,
1979 unless
circumstances prevent completion
as
a result of an act of God or by
circumstances beyond his control or by any other circumstance
agreed to by the parties
in writing.
Notice of extension shall be
as provided in the stipulation.
37—194
—3—
Respondent
Hale
further
agrees
to
submit
an
application
for
variance
for
all
the
homes
which
have
been
tied
onto
the
sewer
extension
to
the
sewers
in
the
subdivision.
Mr.
Hale
agrees
that
he
will
submit
such
a
variance
request
within
thirty
days
after
the
Board
Order
accepting
this
stipulation.
Respondent
Hale
agrees
to
submit
a
permit
application
for
the
sewer
extension
that
is
based
on
as
built
plans.
He
agrees
to
correct
any
deficiencies
to
meet
permit
requirements.
Submission
of
the
application
will
be
within
thirty
days
of
acceptance
of
this
stipulation.
The
Agency
agrees
that
it
will
recommend
the
variance
be
granted
for
all
houses
on
the
sewer
extension
that
have
already
been constructed provided the variance petition is consistent
with the stipulated settlement, the Act and the
Procedural
Rules.
Respondent
Hale
will
notify
the
Village
and
the
Agency
when
all corrections are completed.
A joint inspection will then be
made by all parties.
The parties agreed that the sewer
system
and
extension
have
social and economic value, that it is technically practicable to
correct the sewer system to
come
into compliance and
that
it
was
economically
reasonable
for
Respondent
Hale
to
bring
the
sewer
system into compliance.
Considering the nature of the Village’s involvement and its
willingneis to cooperate and take
reasonable
action
to
correct
the problems it was agreed that the Village would pay no penalty.
Considering Respondent Hale’ s violations and his agreement to
correct
them
a penalty of $1000 will be paid by Respondent Hale.
The Board finds both stipulated agreements acceptable under
Procedural Rule 331.
The Board finds Respondents in violation of
Rules 951(a) and 952(a) of Chapter 3 and Sections 12(a) and
(b)
of
the Act; Section 12(b) of the Act; and Rules 403, 602(b) and
951(a) of Chapter 3 and Section 12(a)
of the Act.
The Board agrees
that considering the nature of the involvement of the parties that
the Village of DeSoto shall not be assessed any penalty and that
Clifford Hale shall pay a penalty of $1000 in order to
aid
the
enforcement
of
the
Act.
The
parties
will
each
be
bound
to the
respective
stipulations.
This
Opinion
constitutes the Board’s findings of fact and
conclusions of
law
in
this
matter.
37—195
ORDER
It
is
the Order of the Pollution Control Board that:
1.
Respondents are found in violation of Rules 951(a)
and
952(a)
of Chapter
3:
Water Pollution and Sections
12(a)
and
(b)
of the Environmental Protection Act;
Section 12(b)
of~theAct; and Rules
403,
602(h)
and
951(a)
of Chapter
3 and Section
12(a)
of the Act.
2.
The Village
of DeSoto shall pay no penalty.
Clifford
Hale shall pay a penalty of $1000 within thirty-five
days
of the date of this Order.
Respondent shall, by
certified check or money order payable to the State of
Illinois, pay a civil penalty of $1000 which
is to be
sent
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
3,
Each Respondent will be bound by the terms of each
respective stipulation incorporated by reference
as
if completely set forth herein.
I, Christan L.
Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify
~I1eabove 0 inion and Order were
adopted ~
Board on the
day ~
1980 by a
37—196