ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    January
    24,
    1980
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 79—15
    )
    WESTERN
    UTILITIES,
    INC.,
    )
    an Illinois corporation,
    )
    Respondent.
    MS.
    ANN
    L.
    CARR,
    ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHALF
    OF
    THE COMPLAINANT.
    BARBER
    &
    BARBER,
    ATTORNEYS
    AT
    LAW
    (MR.
    RICHARD
    C.
    EDWARDS,
    OF
    COUNSEL),
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER OF THE
    BOARD
    (by Mr. Werner):
    This
    matter
    comes
    before
    the
    Board
    on
    the
    January
    23,
    1979
    Complaint
    brought
    by
    the
    Illinois
    Environmental
    Protection
    Agency
    (‘Agency’).
    Count I of the Complaint alleged that the Respondent
    failed to submit the requisite Discharge Monitoring Reports to the
    Agency for its wastewater treatment plant (‘plant’) covering the
    period
    from
    December
    of 1977 through
    May
    of 1978 in violation of
    the conditions imposed by its NPDES Permit, thereby violating
    Rule 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, on
    January 19, 1978, the Respondent allowed the discharge of effluents
    from its plant containing
    BOD5
    in excess of prescribed limits in
    violation of Rules 401(c)
    and
    404(f)(ii)(C) of Chapter 3 and
    Section 12(a) of the Act.
    On April
    6,
    1979, the Agency filed a
    Request to
    Admit
    Facts and a Request for Admission of the
    Genuineness of Documents.
    On April 13, ‘1979, the Respondent
    filed its Response to the Request to
    Admit
    Facts and its Response
    to the Request for Admission of the Genuineness of Documents.
    A
    hearing was held on October 30, 1979.
    The parties filed a
    Stipulation and Proposal
    for Settlement on November 16,
    1979.
    The Respondent’s wastewater treatment facility, which serves
    the Western Knolls Subdivision in Sangamon County, Illinois,
    discharges effluent to an unnamed tributary of Spring Creek
    pursuant to NPDES
    Permit
    No. IL 0036480.
    (See: Exhibit A).
    The
    Company is required by
    its
    NPDES
    Permit
    to
    submit
    Discharge
    37—189

    —2—
    Monitoring
    Reports
    to
    the
    Agency
    in
    June
    and
    December
    of each
    year
    pertaining
    to
    total
    flow
    (lCD),
    BODE,
    total
    suspended
    solids,
    fecal
    coliform
    (No.
    per
    100
    ml),
    and
    ammotlia
    as
    N.
    It
    is
    stipulated
    that the Respondent failed to submit the necessary Discharge
    Monitoring Reports to the Agency covering the time
    period
    from
    December of 1977 through
    May
    of 1978.
    (Stip. 3).
    On January 19,
    1978, Agency employees collected a grab sample of effluent.
    Subsequent
    Agency analysis of this grab sample revealed excessive
    BOD5
    concentrations.
    (See: Exhibit B).
    The parties have stipulated that the Respondent is currently
    in the process of closing down its plant and hooking up the
    Western Knolls Subdivision into the Springfield Sanitary District’s
    sewage system.
    On October 5, 1979, Western Utilities,
    Inc. was
    issued Sewer Construction Permit No. 1979-HB-5613 from the Agency
    •which authorized the construction of the connecting line from the
    present sewer lines to the Springfield Sanitary District’s line.
    The proposed settlement
    agreement
    provides
    that
    the
    Respondent
    admits
    the
    allegations
    charged
    in
    the
    Complaint
    and agrees to:
    (1)
    cease
    and
    desist
    from further violations;
    (2) close down its
    plant
    upon
    completion of the hook-up of the Western Knolls Sub-
    division into the Springfield Sanitary District’s sewage system,
    and
    (3) 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, Western ‘Utilities, Inc
    •,
    has violated
    Rules 401(c), 404(f)(ii)(C), and 901 of Chapter 3:
    Water Pollution
    Control Regulations and Sections 12(a) and 12(f) of the
    Act
    and
    orders the Respondent to cease and desist from further violations.
    The Respondent is directed to follow the
    compliance
    program
    set
    forth in the Stipulation and Proposal
    for Settlement which provides
    that the Respondent agrees to promptly close down its plant upon
    completion of the hook-up of the Western Knolls Subdivision into
    the Springfield Sanitary District’s sewage system.
    The stipulated
    penalty of $1,000.00 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, Western Utilities, Inc., has violated
    Rules 401(c), 404(f)(ii)(C), and 901 of Chapter 3:
    Water Pollution
    Control Regulations and Sections 12(a) and 12(f) of the Illinois
    Environmental Protection
    Act.
    37—190

    2.
    violations
    The Respondent shall cease and desist from further
    3.
    The Respondent shall cease operation of its wastewater
    treatment plant and promptly close down the facility upon the
    completion of the hook~upof the Western Knolls Subdivision to the
    Springfield Sanitary District~ssewage
    system
    in accordance
    with
    the
    compliance
    program
    set
    forth in the Stipulation and Proposal
    for Settlement,
    4.
    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:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    5.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    November 16,
    1979, which is incorporated by reference as if fully
    set forth herein,
    I, Christan
    L.
    Moffett, Clerk
    Control Board, hereby ce~tifythat
    were adopted on the ~
    of
    a vote of
    of the Illinois Pollution
    the above Opinion and Order
    1980 by
    ~trol Board
    37~191

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