ILLINOIS POLLUTION CONTROL BOARD
November
6, 1986
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 82—144
CITY OF GALENA,
)
Respondent.
MR. JOSEPH
A.
DRAZEK, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
MACK,
RICHARDSON
& KELLY
(MR.
JAMES
J.
NACK,
OF COUNSEL),
APPEARED ON BEHALF OF THE RESPONDENT.
MR.
FRANK
L.
EINSWEILER, MAYOR OF GALENA,
ALSO WAS PRESENT AT THE
HEARING.
OPINION AND ORDER OF THE BOARD
(by J.D.
Dumelle):
This matter comes before the
Board on a six—count Complaint
filed
on December
15,
1982
by the Illinois Environmental
Protection Agency
(Agency).
Count
I of the Complaint alleged
that:
(1)
from July
1,
1977 until December
15,
1982,
the Respondent failed
to maintain
and operate
its municipal wastewater
and sludge handling
equipment
in accord with the requirements of its NPDES Permit No.
1L0020249, Agency permit No. 1976—SC—l780, and Agency
supplemental permit No. 1976—SC—1780—1, thereby violating Rule
901 of Chapter
3:
Water Pollution Regulations
(now 35 Ill.
Adm.
Code 309.102)
and Section
12(f)
of the Illinois Environmental
Protection Act
(Act),
and
(2)
from November
22,
1976 until
October 23,
1977, the Respondent
failed
to maintain and operate
its municipal wastewater
and sludge utilization facility
in
accord with
its Agency permit,
thereby violating Section 12(b)
of
the Act.
Count
II alleged
that:
(1) during
the months of August,
1979 and September,
1979,
the Respondent discharged effluent
which exceeded the
30 milligram
per
liter
(30 mg/i)
limitations
prescribed
for both five—day biochemical
oxygen demand
(BOD5)
and
suspended solids
in Rule 404(a)
of Chapter
3:
Water
Pollution
Regulations
(now 35
Ill.
Adm.
Code
304.120(a)),
and
(2) the
Respondent discharged effluent into the Galena River which
exceeded
the numerical limitations
prescribed by the Board’s
74-3
—2—
Water Pollution Regulations for BODç and suspended solids,
thereby causing or
allowing
a violaEion of its NPDES Permit and
Water Pollution Rule 404(a)
(now 35 Ill. Adm. Code 304.120(a))
and,
hence, Water Pollution Rule 901
(now 35
Ill.
Adm. Code
309.102)
and Sections 12(a)
and
12(f)
of the Act.
Count
III alleged that the Respondent discharged effluent
into the Galena River which exceeded five times
the numerical
standard prescribed
in Water Pollution Rule 404(a) with respect
to BOD5
(during the months of June,
1979,
October, 1979,
and
January,
1980)
and suspended solids (during the months of June,
1979; August,
1979; October, 1979; January, 1980; April,
1980;
June,
1980;
December,
1980; November,
1981;
and October, 1982),
thereby causing
or allowing
a violation of Water Pollution Rule
404(a)
(now 35 Ill.
Adin.
Code 304.120(a))
and
Section
12(a) of
the Act.
Count IV alleged
that, from July 1,
1977 until December
15,
1982,
the Respondent
failed
to submit the requisite quarterly
Industrial Users Reports
as required by its NPDES
Permit,
thereby
causing or allowing
a violation of its NPDES Permit and
of Water
Pollution Rule 501(c)
(now 35
Ill. Adm. Code 305.102(b))
and,
hence, Water Pollution Rule 901
(now 35
Ill. Adm.
Code 309.102)
and Section 12(f)
of the Act.
Count V alleged that, on January 16,
1980,
February 21,
1980,
and February 22,
1980,
the Respondent caused
or allowed
a
bypass of its discharge without notifying the permit—issuing
authority (i.e., the Agency)
and failed
to submit
a plan to the
Agency
to prevent recurrence of these
incidents,
thereby failing
to comply with the reporting requirements contained
in its NPDES
Permit regarding bypass of discharge from its sewage
treatment
works,
resulting
in conduct causing or
allowing
a violation of
its NPDES Permit
and
of Water Pollution Rule 501(c)
(now 35
Ill.
Adm.
Code 305.102(b))
and, hence, Water Pollution Rule 901 (now
35
Ill.
Adm. Code 309.102) and Section 12(f)
of the Act.
Count VI alleged that,
from August,
1976 until December
15,
1982,
the Respondent
failed
to chlorinate
the water
in its public
water supply system before
the water entered its distribution
system,
thereby failing
to maintain
its water supply facilities
so
as
to assure clean,
safe water
for domestic consumption
in
violation of Rule 305
of Chapter
6:
Public Water Supplies and
Section
18 of the Act.
A hearing was held
on September 7,
1984
and
the parties
filed
a Stipulation and Proposal
for Settlement on September
17,
1984.
On February 20,
1985,
the
Board entered
an Order
which
rejected the proposed settlement agreement because
a majority of
the Board concluded
that
it lacked
the statutory authority to
74-4
—3—
accept settlements which include neither
an admission of
violation or
a stipulation of facts sufficient to
form the basis
of finding
a violation.
(See:
February 20,
1985 Dissenting
Statement
of J.D.
Dumelle
in PCB 82—144,
IEPA v. City of Galena.)
Subsequently, that legal
issue was litigated and both
Illinois appellate courts which considered
it concluded that the
Board does,
in
fact, have the power
to accept stipulations absent
a finding or admission of violation.
(See:
People
v.
Archer
Daniels Midland, No. 3—85—0222 and 3—85—0224,
3d Dist.
1986 and
Chemetco v. IPCB and IEPA,
No. 5—85—0143,
Fifth Dist.
1986).
Accordingly, on March 27,
1986,
the Board entered
an Interim
Order
which
indicated
that,
in
light
of
the
Archer
Daniels
Midland
and
Chemetco
court
decisions,
the
Board
might
be
able
to
accept
the previously submitted settlement
and which allowed the
parties 45—days
to update
their 18—month old settlement agreement
or
to
take
whatever
action
they
deemed
appropriate
to
reach
a
expeditious
conclusion
in
this
matter.
On May 14,
1986,
the parties
filed a Joint Motion
to Vacate
the Board’s previous Order
dated February
20, 1985 which rejected
the stipulation and proposal
for settlement and
to approve and
enter
the stipulation and
proposal for settlement
as originally
received on September
17,
1984.
On May 22, 1986,
the Board
entered
an Interim Order which
rejected the September
17,
1984 stipulation
and proposal
for
settlement as being outdated and ordered that an updated
settlement agreement be
filed
within 45 days,
indicating that “if
no such action ~s taken, then this matter will
be subject to
dismissal”.
On August
14,
1986,
the
Board entered
an Order which
dismissed the instant case because the parties
failed
to file
their
revised and updated settlement agreement within 45 days.
On August 20, 1986,
the Agency filed a Motion
to Reinstate
which alleged that the failure
to timely submit a revised and
updated
settlement proposal was due
to the City of Galena’s
failure
to respond
to an Agency request for
information and
requested an additional 45 days from the date of reinstatement
in
which
to submit
the updated settlement proposal.
No response was
filed by the Respondent.
On August
28,
1986,
the
Board granted
the Agency’s Motion
to
Reinstate and ordered the parties
to file a revised and updated
settlement proposal on,
or before, October
13,
1986.
The parties subsequently filed their
revised and updated
Stipulation and Proposal
for Settlement on October 20,
1986.
74-5
—4—
The Respondent,
the City of Galena
(Galena), owns and
operates a public water supply system which serves about 4,000
persons and
includes fluoride treatment equipment, drilled wells,
a
standpipe,
an elevated water storage facility,
and
a
distribution
systems.
The
Agency
has
asserted
that,
since
at
least
August
of
1976,
the
City
of
Galena
has
failed
to
chlorinate
the
water
in
its
public
water
supply
system
before
the
water
enters
its
distribution
system,
thereby
failing
to
maintain
its
public
water
supply
facilities
so
as
to
assure
that
the water
is
clean
and safe
in quality for ordinary domestic
consumption
in
violation of 35 Ill. Adm. Code 604.401 and Section
18
(f) .the
Act.
(Stip.
7).
In reference to
the public
water
supply system, the parties
have agreed that the City of Galena shall:
(1) completely flush
the
public water
supply system once per year;
(2) establish and
implement
a valve and hydrant maintenance program
in written form
by January 1,
1987;
(3) test the river crossings’
watermains at
no more than 12 months’
intervals,
and
(4)
comply with all
relevant provisions of the Board’s Public Water Supply
Regulations.
(Stip.
8;
11).
The City of Galena also owns and operates a municipal
wastewater treatment facility (WWTP) located
at Claude and Meeker
Streets in Galena, Jo Daviess County, Illinois.
The Respondent’s
WWTP discharges wastewater containing contaminants into the
Galena River,
a navigable Illinois water, pursuant
to
its NPDES
Permit No. IL0020249 which was issued on July 1,
1977.
(See:
Exhibit A).
One portion of Galena’s facility includes sludge
handling equipment which is utilized
to handle
and remove the
sludge which is generated
at the WWTP.
The Respondent was issued
an Illinois EPA Permit No.
l976—SC—1780 on November
22,
1976
authorizing Galena to construct,
own, and operate
its sludge
handling equipment.
(See:
Exhibit B).
This permit had an
expiration date of December
31,
1979.
(Stip. 3).
Additionally,
the City of Galena was issued a supplemental Illinois EPA Permit
No. 1976—SC—l780—l on July 19,
1978 which authorized
it to
construct, own, and operate the sludge handling equipment.
(See:
Exhibit C).
This supplemental permit also had an
expiration date of December 31,
1979.
(Stip.
3).
The Agency has claimed that, based upon pertinent NPDES
compliance inspection reports completed by Agency personnel,
the
City of Galena has failed
to meet the requirements delineated
in
its NPDES Permit No.
1L0020249 and
in its Illinois EPA permits
pertaining
to both the maintenance and operation of its municipal
wastewater and sludge handling equipment.
(Stip.
3).
Specifically, the Agency has contended that the City of Galena
has failed
to:
(1) perform routine
preventative
maintenance
on
its operating equipment;
(2)
repair broken or inoperative
equipment within
a reasonable
time period;
(3) buy new operating
equipment for
the replacement of its worn—out equipment;
(4)
74-6
—5—
install new equipment after
such equipment had been purchased;
(5)
maintain an adequate operating
staff
for
its facility;
(6)
remove solids collected
on bar
screens at regular
intervals;
(7)
remove sludge from drying beds at regular intervals;
(8)
promulgate
and
adhere
to
any type of coordinated sludge
management program adequate
to allow its facility to meet the
standards set forth
in the permits governing
its operation, and
(9)
equip
its
facility with adequate backup or emergency
equipment sufficient
to keep the facility in operation
in case of
power
failure or natural disaster.
(Stip.
3—4).
The Agency has contended
that this “conduct resulted
in
Respondent having maintained
and operated
its municipal
wastewater
and
sludge
handling
equipment
contrary
to
the
terms
of
its NPDES Permit from July 1,
1977 until December
15,
1982,
in
violation of
its NPDES Permit and hence 35
Ill.
Adin. Code 309.102
and Section 12(f)”
of the Act.
(Stip.
4).
Additionally, such
conduct allegedly “resulted
in Respondent having maintained
and
operated
its municipal wastewater
and sludge handling facility
contrary to
the
terms of its Illinois EPA permit from November
22,
1976
to October
23,
1977
in violation of said permit and
hence Section 12(b)
of the Act...”
(Stip.
4—5).
Furthermore, based on
the City of Galena’s monthly discharge
monitoring
reports which were submitted
in compliance with its
NPDES Permit
(see:
Exhibit A), the Agency concludes that Galena
has caused
or allowed
the discharge of effluent from its WWTP
which exceeded the numerical standards set forth
in 35
Ill.
Adm.
Code 304.120(a)
for both BOD5 and suspended solids during
the
months of August,
1979 and September,
1979 in violation of its
NPDES Permit and
35
Ill. Adm. Code 309.102
and 304.120(a)
and
Section 12(a)
and
12(f) of the Act.
(Stip.
5).
Additionally, based
on
the Respondent’s monthly discharge
monitoring reports, the Agency feels that the City of Galena
caused
or allowed
the discharge of effluent from
its WWTP which
exceeded five times the numerical standard
set forth
in 35
Ill.
Adm. Code 304.120(a) with respect
to BOD~ (during
the months of
June,
1979,
October,
1979,
and January, 1980)
and suspended
solids (during
the months of June,
1979;
August, 1979;
October,
1979; January,
1980; April,
1980;
June,
1980; December,
1980;
November, 1981, and October, 1982)
in violation of
35 Ill. Adm.
Code 304.120(a)
and Section 12(a)
of the Act.
(Stip.
5).
The Agency also has claimed that, based upon the
Respondent’s monthly discharge monitoring reports,
Galena has not
met the reporting requirements of its NPDES
Permit by failing
to
submit quarterly Industrial
Users Reports from July
1,
1979
to
December
15,
1982
in violation of its NPDES Permit and
35 Ill.
Adm.
Code 305.102(b)
and, hence,
35
Ill.
Adm.
Code 309.102 and
Section 12(f)
of the Act.
74-7
—6—
The Agency also believes that,
based
upon
Galena’s
monthly
discharge monitoring reports,
the Respondent did not comply with
the reporting requirements contained
in its NPDES Permit
pertaining
to the bypass of
a discharge from the municipal
treatment works, thereby causing
or allowing the bypass of a
discharge on January
16,
1980,
February 21,
1980,
and February
22,
1980,
and also failed to notify the permit—issuing authority
(i.e., the Agency)
and failed
to submit
a plan
to prevent
recurrence of these
incidents in violation of its NPDES Permit
and 35
Ill. Adm.
Code 305.102(b)
and,
hence, 35
Ill.
Adm. Code
309.102
and Section 12(f)
of the Act.
(Stip.
6).
The proposed settlement agreement does not contain any
specific admission of violations by the Respondent.
However,
the
proposed
settlement agreement provides that the Respondent:
(1)
shall comply with its NPDES
Permit, the Board’s Water Pollution
Regulations and
Public Water Supply Regulations,
and the Act;
(2)
follow
a specified compliance
plan for both its wastewater
treatment facility and its public water supply system,
and
(3)
pay
a stipulated sum of $4,000.00 into the Illinois Environmental
Protection Trust Fund within 45 days of the date of the Board’s
Order.
(Stip.
7—12).
In evaluating
this enforcement action and proposed
settlement agreement, the Board has taken
into consideration all
the facts and circumstances in light of the specific criteria
delineated
in Section 33(c)
of the Act and finds the
settlement
agreement acceptable under
35
Ill. Adm. Code 103.180.
The Respon,dent will therefore be ordered
to follow the
agreed—upon compliance plan for both its wastewater
treatment
facility and public
water supply system and
to pay the stipulated
sum
of $4,000.00 into
the Environmental Protection Trust Fund.
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.
Within 45 days of the date of this Order,
the
Respondent,
the
City
of
Galena,
shall,
by
certified
check
or
money
order
payable
to
the
State
of
Illinois
and
designated
for
deposit
into
the
Environmental
Protection Trust
Fund, pay the
stipulated sum of
$4,000.00 which
is
to be sent
to:
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois 62706
74-8
—7—
2.
In reference to
its wastewater
treatment facility, the
Respondent
shall follow the agreed—upon compliance plan
set forth
in
items *18 through *25
of the Stipulation
and Proposal
for Settlement
filed on October 20,
1986,
including,
but not limited
to, the following steps:
(a)
The Respondent
shall take composite influent and
effluent samples at its municipal wastewater
facility for both BOD5 and Total Suspended Solids
(“TSS”)
three
(3) times per week and will submit
Discharge Monitoring Reports (“DMR”) monthly
to the
Agency.
Additionally, the Respondent shall comply
with all the monitoring
and reporting requirements
set forth
in
its NPDES Permit No.
IL0020249.
(b)
The Respondent
shall maintain, at
a minimum, the
present laboratory space
for analyses of such
parameters as BOD5, TSS, Volatile Suspended Solids
(“VSS”), pH, Dissolved Oxygen
(“DO”), settleability
and sludge concentration.
However, because said
laboratory is not suitable
for analyses of fecal
coliforin,
the Respondent shall provide the testing
through an outside laboratory which can perform the
necessary analyses within
6 hours of the taking of
the samples.
The Respondent shall provide
verification
to the Agency’s office
in Rockford,
Illinois,
that this
is being
done.
(c)
The Respondent has completed
the steps necessary to
insure proper operation of all pumps, motors,
controllers, screens and appurtenances
in the
influent pump station and shall maintain same in
proper operating condition.
(d)
The Respondent shall, beginning with its next
discharge monitoring report,
inventory, sample,
analyze
(BOD5
and TSS as
a minimum)
and measure all
industrial/commercial wastewater
flows twice per
year.
The Respondent shall sample,
analyze and
measure Kraft Products wastewater once per month by
composite
and
report
the results to Agency on
its
monthly discharge monitoring
report.
Furthermore,
the Respondent shall submit quarterly industrial
discharger reports with respect
to Kraft Products
wastewater.
(e)
The Respondent shall
take measures prior
to January
1,
1987
to
insure
proper
operation
of
its
sewage
flow meter, effluent sample,
blowers
(and motors),
clarifier motors, wiring
and appurtenances and
shall maintain same
in proper operating
74-9
—8—
condition.
The Respondent also shall
install
a
flow meter
in one of the two existing plants
in
order
to measure/balance influent flow to each
plant.
This additional
flow meter
shall be
installed by September 1,
1987.
(f)
The Respondent shall have developed
a daily
Operations and
Maintenance
checklist
on
or
before
November
1,
1986, that will
include the following:
1.
Process control tests.
2.
Influent, return activated sludge
and waste
activated
sludge.
3.
Daily,
monthly,
yearly
maintenance
and
lubr ication
schedules.
4.
Comments on problems, outages and equipment
failures.
5.
Other daily activities.
(g)
The Respondent has already completed the
installation and began operation of
a new sludge
handling
facility that will adequately remove
sludge
from the treatment plant on
a year
round
basis.
The Respondent shall maintain said sludge
handling facility so that it will continue
to
adequately remove sludge from the treatment plant
on
a year
round basis.
The Respondent also shall
submit
to the Agency’s field office
in Rockford,
Illinois, by January
1,
1987,
a sludge management
plan that details disposal and utilization
objectives, alternatives, methods, specific sites,
equipment,
user data sheets,
sample
and analyses
program and report procedures.
(h)
The Respondent agrees
to develop,
by January
1,
1987,
a written description of past activities and
planned future activities
for the evaluation of the
infiltration and
inflow into
the sanitary sewers
and further agrees
to schedule and budget all cost
effective measures to
reduce influent flow into
the
treatment plant within one year of the date hereof.
3.
In reference to
its public
water
supply facility,
the
Respondent
shall follow the agreed—upon compliance plan
set forth
in
items #26,
27, and
28 of the Stipulation
and Proposal for Settlement
filed on October 20,
1986,
including,
but not limited
to, the
following steps:
74-10
—9—
(a)
The Respondent shall completely flush the public
water supply system once per year.
(b)
The Respondent shall establish and
implement a
valve
and
hydrant
maintenance
program
in
written
form
by
January 1,
1987.
(C)
The Respondent shall
test the river crossings’
watermains at no more
than 12 months’
intervals.
4.
The
Respondent
shall
comply
with
all
the
terms
and
conditions
of
the
Stipulation
and
Proposal
for
Settlement
filed
on
October
17,
1986, which is attached
and
incorporated by reference as
if fully set forth
herein.
IT IS SO ORDERED.
Board Member
J. Theodore Meyer
dissented.
Board Members
Joan G.
Anderson and Dr.
John
C. Marlin concurred.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify
that
the
above
Opinion
and
Order
was
adopted
on
the
~
day
of
~
1986,
by
a
vote
of
_____________.
2~(~/
/1)Y
~
Dorothy
M.
~inn,
Clerk
Illinois
Pollution
Control
Board
74-11
STATE OF ILLINOIS
)
SS
171986
COUNTY OF JO DAVIESS
)
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
)
RECEIVE
L~FCRCEMENT
P
V.
)
PCB 82—144
~
~ic~
CITY OF GALENA,
)
~:
-
Respondent.
En~ro~meflta1
Prote~
STIPULATION
A~D
PROPOSAL
FOR
SETTLEMENT
NOW COMES the Complainant, ILLINOIS ENVIRONMENTAL PRO-
TECTION AGENCY, by NEIL F.
HARTIGAN, Attorney General of the
State of Illinois, and Respondent,
City of Galena, by its attor-
neys, Nack, Richardson
& Kelly, James J. Nack,
and stipulate and
agree as follows for the purpose of settlement in this cause.
The parties stipulate that:
(1) the statement of facts contained
herein represents a fair summary of the evidence which would be
introduced by the parties if a contested hearing were held;
(2)
said statement of facts
is for the purpose of settlement only,
and neither the fact that a party has entered into this stipula-
tion, nor any of the facts stipulated herein,
shall be used for
any purpose unless the Pollution Control Board
(“Board”) substan-
tially approves the terms and conditions of this stipulation and
proposed settlement.
Nothing herein contained shall be construed
as an admission by Respondent as to any violations of the Ii-
linois Environmental Protection Act or the Pollution Control
74-12
—1—
Board’s Rules and Regulations as set forth in the following
Statement of Facts.
I.
STATEMENT OP FACTS
A.
Wastewater Treatment
1.
At all times relevant hereto, the Respondent,
City
of Galena, has been an Illinois municipal corporation in Jo
Daviess County,
Illinois.
2.
Respondent owns and operates a municipal wastewater
facility located at Claude and Meeker Streets, Galena, Illinois,
County of Jo Daviess.
Wastewater containing contaminants is dis-
charged from the facility into the Galena River,
a navigable
water and a water of the State of Illinois.
One portion of the
above facility consists of equipment used and/or operated for the
purpose of removing and handling sludge generated at the facili-
ty.
This equipment is referred to generally as sludge handling
equipment.
3.
Respondent was issued a National Pollutant Discharge
Elimination System
(“NPDES”) permit numbered IL0020249 on July 1,
1977, for the facility described above in paragraph 2; a true and
correct copy of which is incorporated by reference and attached
hereto as Exhibit A.
4.
Respondent was issued an Illinois EPA Permit num-
bered l976-SC-.780
on November 22,
1976,
to construct,
own, and
74-13
—2—
operate the sludge handling equipment described above in para-
graph
2;
a true and correct copy of which is incorporated by
reference and attached
hereto
as
Exhibit
B.
The
expiration
date
of this Permit was December 31,
1979.
Respondent was issued a
supplemental permit numbered 1976-SC-l780-l on July 19,
1978,
to
construct,
own and operate the sludge handling equipment
described above in paragraph 2;
a true and correct copy of which
is incorporated by reference and attached hereto as Exhibit
C.
The expiration date of this Permit was December 31,
1979.
5.
Based upon NPDES compliance inspection reports com-
pleted by IEPA personnel, Respondent has failed to meet the re-
quirements set forth in its NPDES permit and in its Illinois EPA
permit regarding both the maintenance and operation of its
municipal wastewater and sludge handling equipment described
above in paragraph 2, to-wit:
a.)
Respondent has failed to perform routine preventa-
tive maintenance on operating equipment;
b.)
Respondent has failed to repair inoperative equip-
ment within a reasonable time;
c.)
Respondent has failed to purchase new operating
equipment for the replacement of worn-out
equipment;
d.)
Respondent has failed to install new equipment
after
it has been purchased;
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e.)
Respondent has failed to maintained an adequate
operating staff for its facility;
f.)
Respondent has failed to remove solids collected on
bar screens at regular intervals;
g)
Respondent has failed to remove sludge from drying
beds at regular intervals;
h.)
Respondent has failed to promulgate and adhere to
any type of coordinated sludge management program
adequate to allow the facility to meet the stan-
dards set forth in the permits governing its
operation;
i.)
Respondent has failed to equip its facility with
adequate backup or emergency equipment in case of
power failure or natural disaster sufficient to
keep the facility in operation during such period.
Said conduct resulted in Respondent having maintained and oper-
ated its municipal wastewater and sludge handling equipment con-
trary to the terms of its NPDES Permit from July 1,
1977 until
December 15,
1982,
in violation of its NPDES Permit and hence 35
Ill.Adm.Code 309.102 and Section 12(f)
of the Illinois Environ-
mental Protection Act (“Act”),
Ill.Rev.Stat. ch.
111 1/2, par.
1012(f).
Further, said conduct resulted in Respondent having
maintained and operated its municipal wastewater and sludge han-
dling facility contrary to the terms of its Illinois EPA permit
from November 22,
1976 to October 23,
1977 in violation of said
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permit and hence Section 12(b)
of the Act, 11l.Rev.Stat., ch.
111
1/2, par. 1012(b).
6.
Based on Respondent’s monthly Discharge Monitoring
Reports submitted in compliance with Exhibit A, Respondent has
caused or allowed the discharge of effluent from the facility
described above in paragraph 2 which exceeded the numerical stan-
dards prescribed in 35 Ill.Adm.Code 304.120(a)
for both BOD5 and
suspended solids during the months of August 1979 and September
1979 in violation of Respondent’s NPDES Permit and, hence,
35
I1l.Adin.Code 309.102 and 304.120(a)
and Sections 12(a)
and 12(f)
of the Act, Ill.Rev.Stat., ch.
111 1/2, pars.
1012(a) and
1012(f).
7.
Based on Respondent’s monthly Discharge Monitoring
Reports submitted in compliance with Exhibit A, Respondent caused
or allowed the discharge of effluent from the facility described
above in paragraph
2 which exceeded five times the numerical
standard prescribed in 35 Il1.Adm.Code 304.120(a) with respect to
BOD5 during the months of June 1979,
October 1979 and January
1980 and which exceeded five times the numerical standard pre-
scribed in 35 Ill.Adxn.Code 304.120(a) with respect to suspended
solids during the months of June 1979,
August 1979, October 1979,
January 1980, April
1980,
June 1980, December 1980, November 1981
and October 1982,
in violation of 35 Ill.Adm.Code 304.120(a)
and
Section 12(a)
of the Act, I11.Rev.Stat. ch.
111 1/2,
par.
1012 (a)
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8.
Based upon Respondent’s monthly Discharge Monitoring
Reports submitted in compliance with Exhibit A, Respondent has
not met the reporting requirements prescribed in the terms and
conditions of its NPDES Permit by failing to submit quarterly
Industrial Users Reports from July 1, 1979 to December 15,
1982
in violation of its NPDES Permit and 35 I11.Adm.Code 305.102(b)
and,
hence,
35 Ill.Adm.Code 309.102 and Section 12(f)
of the Act,
111.Rev.Stat.,
ch.
111 1/2, par. 1012(f).
9.
Based upon Respondent’s monthly Discharge Monitoring
Reports submitted in compliance with Exhibit A, Respondent did
not comply with the reporting requirements contained in its NPDES
Permit regarding the bypass of a discharge from its sewage treat-
ment works y causing or allowing the bypass of a discharge on
January 16,
1980, February 21,
1980 and February 22,
1980, and
failing to notify the permit-issuing authority and failing to
submit a plan to prevent recurrence of these incidents in viola-
tion of its NPDES Permit and 35 Ill.Adm.Code 305.102(b)
and,
hence,
35 I11.Adiu.Code 309.102 and Section 12(f)
of the Act,
Ill.Rev.Stat.,
ch.
111 1/2, par. 1012(f).
B.
Public Water Supply
10.
Respondent,
at all times pertinent hereto, has
owned,
operated, and been the official custodian of a public
water supply system.
11.
Respondent’s public water supply system is a public
water supply,
which is a community water supply as defined by
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Section 3(m)
of the Act, Ill.Rev.Stat.,
ch.
111 1/2,
par.
1003 (m)
12.
Respondent’s public water supply system consists of
drilled wells,
fluoride treatment equipment,
a standpipe, an ele-
vated water storage facility, and a distribution system.
Said
public water supply system serves approximately 4,000 persons.
13.
Since at least August 1976, Respondent has failed
to chlorinate the water in its public water system before the
water enters the distribution system.
14.
Because Respondent has filed to chlorinate the
water as described above in paragraph 13, Respondent has failed
to maintain its public water supply facilities so as to assure
that the water is clean and safe in quality for ordinary domestic
consumption,
in violation of
35 Ill.Adin.Code 604.401 and Section
lB of the Act, Ill.Rev.Stat.,
ch.
111 1/2, par.
1018.
II.
CONDITIONS
AND
PROVISIONS OP SETTLEMENT
15.
The parties believe the public interest will be
best served by the resolution of this enforcement action under
the terms provided herein.
In accordance with the procedure for
settlement prescribed in 35 Ill.Adm.Code 103.180, the parties
offer this Stipulation and Proposal for Settlement in lieu of a
full evidentiary hearing.
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16.
This Stipulation and Proposal for Settlement is
expressly conditioned upon,
and effective only with, approval
hereof in all respects by the Board, and anything contained
herein shall be null and void and not used for any purpose
whatsoever in the event the Board fails to approve these terms of
settlement in all respects and incorporate same in a final Board
Order.
17.
Respondent,
City of Galena,
shall comply with the
Illinois Environmental Protection Act, the Pollution Control
Board’s Water Pollution Regulations contained in Subtitle C, Ti-
tle 35 of the Illinois Administrative Code,
its NPDES Permit,
and
the Pollution Control Board’s Public Water Supply Regulations
contained in Subtitle
F, Title 35 of the Illinois Administrative
Code,
in accordance with the terms of this Stipulation and Pro-
posal
for Settlement.
A.
Wastewater Treatment
18.
Respondent agrees to take composite influent and
effluent samples at its municipal wastewater facility for both
BOD5 and Total Suspended Solids
(“TSS”)
three
(3) times per week
and will submit Discharge Monitoring Reports
(“DMR”) monthly to
IEPA.
Additionally, Respondent agrees to comply with all
monitoring/reporting requirements set forth in Respondent’s NPDES
permit
(No. 1L0020249)
19.
Respondent agrees to maintain, at a minimum, the
present laboratory space for analyses of such parameters as BOD5,
TSS, Volatile Suspended Solids
(“VSS”), pH, Dissolved Oxygen
74-19
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(“DO”), settleability and sludge concentration.
However, because
said laboratory is not suitable for analyses of decal coliform,
Respondent agrees to provide the testing through an outside
laboratory which can perform the necessary analyses within
6
hours of the taking of the samples.
Respondent agrees to provide
verification to IEPA’s field office in Rockford,
Illinois, that
this is being done.
20.
Respondent has completed the steps necessary to
insure proper operation of all pumps, motors,
controllers,
screens and appurtenances in the influent pump station and agrees
to maintain same in proper operating condition.
21.
Respondent agrees, beginning with its next DMR, to
inventory,
sample, analyze
(BOD5 and TSS as a minimum)
and mea-
sure all industrial/commercial wastewater flows twice per year.
Respondent agrees to sample,
analyze and measure Kraft Products
wastewater once per month by composite and report the results to
IEPA on its monthly DMR.
Further, Respondent agrees to submit
quarterly industrial discharger reports with respect to Kraft.
22.
Respondent agrees to take measures prior to January
1,
1987 to insure proper operation of sewage flow meter,
effluent
sample, blowers
(and motors), clarifier motors, wiring and appur-
tenances and agrees to maintain same in proper operating condi-
tion.
Respondent further agrees to install a flow meter in one
of the two existing plants
in order to measure/balance influent
flow to each plant.
This additional flow meter shall be in-
stalled by September 1, 1987.
74-20
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23.
Respondent agrees to develop a daily Operations and
Maintenance checklist on or before November 1,
1986, that will
include the following:
a.
Process control tests.
b.
Influent, return activated sludge and waste acti-
vated sludge.
c.
Daily, monthly, yearly maintenance and lubrication
schedules.
d.
Comments on problems, outages and equipment
failures.
e.
Other daily activities.
24.
Respondent has already completed the installation
and began operation of a new sludge handling facility that will
adequately remove sludge from the treatment plant on a year round
basis.
Respondent agrees to maintain said sludge handling
facility to that it will continue to adequately remove sludge
from the treatment plant on a year round basis.
Respondent fur-
ther agrees to submit to the IEPA’s field office in Rockford,
Illinois, by January
1,
1987,
a sludge management plan that
details
disposal
and
utilization
objectives,
alternatives,
meth-
ods,
specific
sites,
equipment, user data sheets,
sample and
analyses program and report procedures.
74-21
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10
—
25.
Respondent agrees to develop, by Januaryl,
1987, a
written description of past activities and planned future activi-
ties for the evaluation of the infiltration and inflow into the
sanitary sewers and further agrees to schedule and budget all
cost effective measures to reduce influent flow into the treat-
ment plant within one year of the date hereof.
B.
Public Water Supply
26.
Respondent agrees to completely flush the public
water supply system once per year.
27.
Respondent agrees to establish and implement
a
valve and hydrant maintenance program in written form by January
1,
1987.
28.
Respondent
agrees to test the river crossings’
watermains at no more than 12 months intervals.
29.
In lieu of any and all other monetary fines or pen-
alties of any kind, the parties agree that Respondent’s sole
monetary penalty for all violations covered by this cause of ac-
tion shall be the sum of Four Thousand Dollars
($4,000.00),
to be
paid by check drawn to the “Treasury of the State of Illinois”
and designated for deposit into the Environmental Protection
Trust Fund for the specific purpose of environmental protection
and related enforcement programs as authorized pursuant to
Ill.Rev.Stat., ch.
111 1/2,
par.
1061.
Such payment shall be
74-22
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11
—
submitted to the Fiscal Services Section of the Illinois Environ-
mental Protection Agency, 2200 Churchill Road,
Springfield, Il-
linois 62706, within forty-five
(45) days of entry of the Board’s
final order approving said penalty in this cause.
ILLINOIS ENVIRONMENTAL
CITY OF GALENA
PROTECTION AGENCY
BY:____________
BY
:~~J
~
JO~EPH/E.SVOBODA
FRANK L. EINSWEILER
y~4~ager,Enforcement
Mayor of Galena
DAWD:
/L2
DATED:
cdxbei-’
/
IQ(&
cccpl02m
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