ILLINOIS POLLUTION CONTROL BOARD

May 22, 1986

WILLIAM 

3.

HAUCK,

Complainant,

V.

)

PCB 85—46

CITY OF WOOD DALE,

Respondent.

MR. WILLIAM 3. HAUCK APPEARED PRO SE;

MR. ERWIN JENTSCH APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD (by 3. D. Dumelle):

This matter comes before the Board upon an April 1, 1985

Complaint filed by Mr. William 

3.

Hauck of Wood Dale, Illinois

against the City of Wood Dale (City) which is located in

northeastern DuPage County with a population of approximately

11,000. Mr. Hauck alleges that the City has violated Section

12(a), (b), 

(C), 

(d) and (f) of the Environmental Protection Act

and 35 Ill. Adm. Code 306.102(a), 306.303 and 306.304. Hearing

was held on November 22, 1985 at which testimony and exhibits

were presented. Mr. Hauck presented a motion to amend his

complaint to include in the prayer for relief other such remedies

as may be authorized by 35 Ill. Adm. Code 103.224. The Motion is

hereby granted.

Section 12 of the Environmental Protection Act provides in

pertinent part that:

No person shall:

a.  Cause or threaten or allow the discharge

of any contaminants into the environment

in any State so as to cause or tend to

cause water pollution in Illinois,

either alone or in combination with

matter from other sources, or so as to

violate regulations or standards adopted

by the Pollution Control Board under

this Act;

b.  Construct, install, or operate any

equipment, facility, vessel, or aircraft

capable of causing or contributing to

water pollution, or designed to prevent

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water pollution, of any type designated

by Board regulations, without a permit

granted by the Agency, or in violation

of any conditions imposed by such

permit;

c.  Increase the quality or strength of any

discharge of contaminants into the

waters, or construct or install any

sewer or sewage treatment facility or

any new outlet for contaminants into the

waters of this State, without a permit

granted by the Agency.

d.  Deposit any contaminants upon the land

in such place and manner so as to create

a water pollution hazard;

f.  Cause, threaten or allow the discharge

of any contaminant into the waters of

the State, as defined herein, including

but no limited to, waters to any sewage

works, or into any well or from any

point source within the State, without

an NPDES permit for point source

discharges issued by the Agency under

Section 39(b) of this Act, or in

violation of any term or condition

imposed by such permit, or in violation

of any NPDES permit filing requirement

established under Section 39(b), or in

violation of any regulations adopted by

the Board with respect to the NPDES

program.

Sections 306.102(a) 

306.303 and 306.304 of the Board’s

Water Pollution Regulations provide as follows:

Section 306.102 Systems Reliability

a)  Malfunctions: All treatment works and

associated facilities shall be so

constructed and operated as to minimize

violations •of applicable standards

during such contingencies as flooding,

adverse weather, power failure,

equipment failure, or maintenance,

though such measures as multiple units,

holding tanks, duplicate power sources,

or such other measures as may be

appropriate.

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Section 306.303 Excess Infiltration

Excess infiltration into sewers shall be

eliminated, and the maximum practicable flow

shall be conveyed to treatment facilities.

Section 306.304 Overflows

Overflows from sanitary sewers are expressly

prohibited.

Mr. Hauck alleges that on, or about, December 2, 1982,

November 27, 1983, and November 19, 1985 the City’s sanitary

sewer manhole in Mr. Flauck’s front yard was overflowing, thereby

depositing sanitary sewage on Mr. Hauck’s property and on the

property of his surrounding neighbors in violation of Section

12(a), (b), (c), (d) and (f) of the Environmental Protection Act

and in violation of 35 Ill. Adni. Code 306.102(a), 306.303 and

306.304. (R. 22, 25, 29 and 41). Although Mr. Hauck alleges

that the violations occurred on the three days mentioned above,

he contends that the overflowing of the City’s sanitary sewers on

Forest View Ave has been going on for approximately 15 years,

each and every time there is 1.55 inches of rain or more in a 24—

hour period. (R. 18). Mr. Hauck’s prayer for relief requests

that the City report to the Board, through the Agency, within

sixty days 

from 

the date of the Board’s Order, the status of all

improvements, modifications and changes relative to the upgrading

of its sewage treatment plant, its progress in abatement of storm

water infiltration, and its program for termination of all

illegal connections to sanitary sewers, together with all

remedial action taken to improve its storm water sewers and to

lessen the likelihood of overflow into sanitary sewers, and its

program to assure against diminished pumping capacity as has

occurred previously. (R. 33).

In support of his allegations, Mr. Hauck provided several

photographs depicting the sanitary sewer manhole in his front

yard overflowing (Pet. Exh. 3A, SB, SD) as well as several

photographs depicting areas flooded by the sewer overflow and the

overflow of the Salt Creek which flows through Mr. Hauck’s

backyard. (Pet. Exh. 6—1 thru 6—5). Mr. Hauck provided a copy

of a service request form, dated November 19, 1985, which was

filled out by a conurtunity service officer noting that the sewer

on the southwest portion of Mr. Hauck’s lot was overflowing.

(Pet. Exh. 4). Mr Hauck also provided a copy of a sampling

report by the DuPage County Health Department, dated December 14,

1982, which conducted an analysis of the water on Mr. 

Hauck’s

lot. The report concluded that coliforin was present in the water

in amounts too numerous to count. (Pet. Exh. lA). Lastly, Mr.

Hauck submitted a letter addressed to him from the City, dated

March 28, 1985, which acknowledged the receipt of the complaint

filed by Mr. Hauck and stated that the sanitary sewer problems

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which occur in front of Mr. Uauck’s 

home and Manhole No. 9—6 are

problems that the City is conversant with and which it is taking

actions to resolve. The letter also stated that Manhole No. 9—6,

which is the manhole on Mr. Hauck s lot, is such that periodic

surcharges will occur out of it because of its low elevation.

(Pet. Exh. 2).

As far back as 1978, there were a number of problems in the

City relating to sanitary sewer surcharging. (R. 52). To

alleviate this problem, the City, beginning in 1977, has been

involved in an effort to rehabilitate its sanitary sewer lines

and treatment plant. Specifically, an engineering firm was

retained to conduct an evaluation of the City’s sanitary sewer

system. (R. 54). This evaluation recommended several

alternatives the 

City should consider to reduce the amount of

infiltration in the sanitary sewer system and also made

recommendations as to the size and scope of the treatment plant

reconstruction. (R. 55). After reviewing this evaluation, the

City applied for a grant from the Illinois Environmental

Protection Agency (Agency) for the actual design of two treatment

plants and the sanitary sewer rehabilitation. (R. 57). As to

the surcharging problem experienced by Mr. Hauck, the City, in

1983, retained another engineering firm who recommended that the

City

should proceed with the construction of the two treatment

plants to increase the amount of pumpage capability at the plants

and proceed with the sanitary 

sewer rehabilitation program. (R.

66). In April, 1984, the City received a grant from the

Agency

in the amount of $6,005,250 (Resp. Exh. 4) to complete these

improvements. (R 68). These improvements are presently under

construction and are scheduled to be completed in August, 1986.

(R. 70). Lastly, the City began a program to eliminate illegal

connections of storm drains, down spouts, 

footing tiles and sump

pumps into the sanitary sewer system. (R. 72—74).

At the outset, the Board notes that at no 

time during this

proceeding has the City denied Mr. Hauck’s allegations.

(R. 155—

156). In fact, the City 

freely admits that overflows have

occurred within the City’s sewer system. (R. 158). However, the

City contends the remedy to

Mr. Hauck’s problem has partially

been provided, is being provided and will continue to be provided

in the future, thereby requiring no action by the Board.

(R.

158—159).

The Board does not agree.

Based on the evidence

presented at hearing, the Board finds that the City has violated

Section 12(a) of the Environmental Protection Act (Act) and 35

Ill, Adm. Code 306.102(a), 306.303 and 306.304.

However, no

proof was presented at hearing which would establish that the

City has violated Sections 12(b), 12(c) and 12(f) of the Act.

Thus, the Board finds that no violation of these Sections has

occurred. Also, the Board finds that no violation of Section

12(d) of the Act has occurred.

Section 12(d) of the Act relates

to the deposition of contaminants on land which are disposed of

in such a way so as to create a water pollution hazard.

These

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“deposits” are entirely separate from the deposit of contaminants

on land which are contained in floodwaters.

The City freely admits throughout the hearing and in its

closing argument that overflows occur within its sanitary sewer

system during periods of wet weather and that problems exist in

its sewer system causing the system to surcharge during wet

weather conditions in violation of 35 Ill. Adm. Code 306.304 and

306.102(a). Also, the reports of the two engineering firms which

conducted studies on the City’s sewer problems concluded that the

system experiences excessive infiltration during wet weather

conditions. The City has attempted to rectify this problem with

only a small portion of the infiltration being eliminated.

(Resp. Exh. 1 and 2). Lastly, the surcharging of the system has

caused the flooding of the land surrounding the surcharge area.

These floodwaters which contain sanitary sewage combine with the

floodwaters of the Salt Creek during periods of wet weather,

thereby contaminating Salt Creek in violation of Section 12(a) of

the Act.

As to the remedy, the Board, pursuant to Section 33(c) of

the Environmental Protection Act, is to consider all the facts

and circumstances bearing upon the reasonableness of the

discharges involved including: the character and degree of

injury to or interference with the protection of the health,

general welfare and physical property of the people; the social

and economic value of the pollution source; the suitability of

the pollution source to the area in which it is located; and the

technical practicability and economic reasonableness of reducing

or eliminating the discharges from such pollution source.

The Board concludes that the character and degree of injury

to, or interference with the protection of the health, general

welfare and physical property of Mr. Hauck and his neighbors is

serious. The presence of sanitary sewage on the property of Mr.

Hauck and his neighbors poses a threat to their health and

general welfare in the form of elevated bacteria levels in the

floodwaters surrounding their homes, offensive odors and the

unsightly presence of sanitary sewage components on their lots.

On the other hand, the social and economic value of the City’s

sewer system, while difficult to quantify, offsets to some degree

the threat to these people. Without such a system, the wastes of

the City would be discharged without treatment to nearby

waterways, thereby posing a greater risk to the community.

However, with a properly designed and maintained sewer system and

plant, the City should be able to provide this valuable service

without the health risk.

The Board also finds that the City’s sewer system is

suitable to the area in which it is located though necessary

improvements to the system are needed to prevent the surcharging

problem from occurring in the future. Lastly, the Board finds

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that the possibility of reducing or eliminating the surcharging

of the City’s sewer’s system is technically practicable and

economically reasonable as evidenced by the City’s voluntary

undertaking of an extensive sewer rehabilitation program with

partial grant funding from the Agency.

The Board concludes that the imposition of a penalty in this

matter is unwarranted as it will not aid the enforcement of the

Act or Board regulations.

The City is undertaking an extensive

sewer rehabilitation program at a cost

of several million dollars

and the imposition of a penalty in addition to this will not

succeed in ensuring compliance with proper environmental

practices. However, the Board will require that the City

complete its sewer rehabilitation program and cease and desist

from violating Section 12(a) of the Act and 35 Ill. Adm. Code

306.102(a),

306.303 and 306.304 six months after completion of

the sewer rehabilitation program but no later than July 1,

1987. This will provide the City sufficient time to work out any

problems in the new system. Also, the Board will require that

the City submit quarterly reports to Mr. Hauck on the status of

all improvements, modifications and changes relative to the

upgrading of its sewer system and on the operations of the new

system once it is operational. If Mr. Hauck feels that at any

time the City is not complying with the Board’s Order of today,

he may file an action in circuit court to enforce this Order.

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:

The City of Wood Dale, Illinois has violated Section 12 (a)

of the Environmental Protection Act and 35 Ill. Adm. Code

306.102(a), 306.303 and 306.304.

The City of Wood Dale, Illinois shall complete its sewer

rehabilitation program as expeditiously as

is practicable as

outlined in Exhibits 8—2, 8—3 and 8—4 consisting of 4 pages

which are herein incorporated by reference.

The City of Wood Dale, Illinois shall cease and desist from

violating Section 12(a) of the Environmental Protection Act

and 35 Ill. Adm. Code 306.102(a), 306.303 and 306.304 six

months after completion of its sewer rehabilitation

program

but no later than July 1, 1987.

The City of Wood Dale, Illinois shall submit quarterly

reports beginning July 1, 1986 on the status of all

improvements, modifications and changes relative to the

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upgrading of its sewer system and on the operations of the

new sewer system once it becomes operational to:

Mr. William 3. Hauck

213 Forest View Avenue

Wood Dale, IL 60191

IT IS SO ORDERED.

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

7-(~~

1!

x

Dorothy M. ~‘Gunn,Clerk

Illinois Pollution Control Board

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