ILLINOIS POLLUTION CONTROL BOARD

February 21, 1980

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

V.

)

PCB 79—53

TRIPLE T INNS OF EDWARDSVILLE, INC.,

Respondent.

STEPHEN GROSSNARK, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF COMPLAINANT;

MICHAEL HACKETT APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD (by Mr. Goodman):

This enforcement action was filed before the Board on

March 13, 1979 by the Environmental Protection Agency (Agency)

alleging violation of Section 12(f) of the Environmental Pro-

tection Act (Act) and Rule 901 of the Board’s Water Pollution

Rules by Triple T Inns of Edwardsville, Inc. (Triple T). The

parties presented a Stipulation and Proposal for Settlement at

a hearing held on July 26, 1979, No witnesses were called, nor

were any members of the public present at the hearing.

Triple T owns and operates a “Holiday Inn” motel located

near the junction of In?erstate 270 and Illinois Route 157 in

Madison County, near fldwardsville, Illinois. Respondent owns

and operates a sewage treatment plant that services domestic

wastes generated from the motel. Respondent discharges con-

taminants into an unnamed tributary of Cahokia Creek pursuant

to an NPDES permit issued by the United States Environmental

Protection Agency (U.S. EPA) which passed by operation of law

to Triple T from the previous owner when the motel was purchased

in April of 1977.

The parties have stipulated that the respondent failed to

submit Discharge Monitoring Reports (DMR’s) as required by the

conditions of its NPDES permit since April of 1977 despite

warnings on at least three occasions by Agency personnel. The

parties, therefore, stipulate that the respondent violated both

Section 12(f) of the Act and Rule 901 of the Water Pollution

Rules for failure to observe an NPDES permit condition. The

respondent, however, upon agreement with the Agency, has now

37— 387

---

—2—

submitted complete DMP.’s covering the period from April, 1977

to February, 1979. The respondent also agrees to cease and

desist from future violations (Stip., p.6).

The stipulated penalty contained in paragraph 14B of the

Stipulation reads as follows:

“B. Respondent, Triple T. Inns of Edwardsville, Inc.,

should be assessed a total fine of $5,000.00 for the

violations charged in the Complaint as here amended,

$4,000.00 of which should be suspended and the remain-

ing $1,000.00 of which should be payable within 30 days

of the Board Order adopting this agreement” (Stip., p.6).

The Board in the past has rejected stipulated, suspended penal-

ties which were conditioned upon tI-be occurrence of an event.

The suspended penalty in this case, however, is not a contingent

one. Furthermore, there is adequate justification for the sus-

pension of $4,000.00 of a $5,000.00 penalty. Although in many

cases the failure to file DMR~sis a ploy used to prevent dis-

closure of non—complying discharges, in this case there is no

indication by the Agency that the respondent has ever exceeded

the discharge limitations of its NPDES permit. Therefore,

there is no proof in this case of any environmental harm. Because

the suspended penalty is not a contingent one and there is no

indication of environmental harm in the complaint, record or

stipulation, the Board will approve the penalty.

The Board is satisfied that future compliance will occur

and that the penalty imposed is appropriate. The Board hereby

accepts the parties’ Stipulation and Proposed Settlement as

submitted on July 26, 1979. The Agency~s request for leave to

amend the complaint instanter, contained in paragraph 9 of the

Stipulation, is hereby granted.

This Opinion constitutes the findings of fact and conclu-

sions of law of the Board in this matter,

ORDER

It is the Order of the Pollution Control Board that:

1, Triple T Inns of Edwardsville, Inc. shall cease and

desist from further violations of the Environmental Pro-

tection Act and the Board’s Water Pollution Control Rules,

2. A penalty of $5,000.00 shall be imposed, $4,000.00 of which

shall be suspended for the reasons set forth in the Opinion.

Within 30 days of the date of this Order the Respondent,

Triple T Inns of Edwardsville, Inc., shall pay by certified

check or money order the sum of $1,000.00, to be sent to:

37—388

---

.3—

Fiscal Services Department

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

Mr. Dumelle concurs.

Mr. Werner dissents.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, her~hy certif the above Opinion and Order were

a~o~t~donthe~/ ~ day of

~

1980 by a vote

ontrol Board

37—389