ILLINOIS POLLUTION CONTROL BOARD
November 21, 1985
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
)
)
v.
)
PCB 84—84
)
MT. VERNON WATER AND SEWER
)
CORPORATION, an Illinois
)
corporation, and ALAN C.
)
CONRAD,
Respondents.
MR. WILLIAM E. BLAKNEY, ASSISTANT
ATTORNEY
GENERAL, APPEARED FOR
COMPLAINANT;
MR.
FRANK
MROZ,
CHAPMAN
AND
CUTLER,
APPEARED
FOR
RESPONDENT.
OPINION AND ORDER (by B. Forcade):
This matter comes to the Board on a June 29, 1984 Complaint
filed by the Illinois Environmental Protection Agency (‘Agency’)
against the Mt. Vernon Water and Sewer Corporation and Alan C.
Conrad (‘Mt. Vernon Corp.’) in Jo Davies County.
The twelve
count complaint claims violations relating to Mt. Vernon’s
operation of a public water supply system and waste water
treatment plant, which serve the approximately 100—200 area
residents in Jo Davies County.
The complaint charges in Counts I
and II that at various times since 1977 Mt. Vernon has violated
the Environmental Protection Act (‘Act’)
and Board regulations
for its public water supply by having an inadequate well casing
and by having a deteriorating and leaking pressure tank.
The
complaint also charges in Counts III through XII that at various
time since 1977 Mt. Vernon has violated the Act and Board
regulations by operating without an NPDES permit, exceeding
applicable effluent regulations and NPDES permit limits, causing
violations of non numeric water quality standards, failing to
have a properly certified operator, and failing to submit
monitoring reports.
A hearing was held in Galena on July 29,
1985 at which the parties introduced a Stipulation of Facts and
Proposal for Settlement (‘Settlement’).
On August 19, 1985,
the
Jo Davies County Health Department filed a public comment which
reviewed the Settlement and urged ‘a more meaningful and
significant civil penalty’.
The Settlement Agreement summarizes the complaint, contains
twenty—one numbered paragraphs of stipulated facts which admit to
each violation charged in the complaint, lists a three page
compliance program which will bring Mt. Vernon into compliance
with all applicable standards
for the water supply and the waste
68-413
—2—
water
treatment plant not later than July 1, 1990, and provides
for a $1,500 civil penalty.
The Board will accept the Settlement
and direct that its provisions be carried out.
The Board has reviewed the Settlement in light of the
factors in Section 33(c) of the Environmental Protection Act and
finds the Settlement satisfactory.
This Opinion constitutes the
Board’s findings of fact and conclusions of law on this matter.
ORDER
1.
The Board finds that at various times since August 2, 1976,
Mt. Vernon Water and Sewer Corporation violated Section 18 of
the Environmental Protection Act in its operation of a
community water supply.
2.
The Board finds that at various times since November 7, 1977,
Mt. Vernon Water and Sewer Corporation has violated the
following provisions in its operation of a wastewaste
treatment plants
35
Ill. Mm. Code 309.102
35
Ill. Ada. Code 304.120(c)
35 Ill. Mm. Code 304.l04(a)(3)
35 Ill. Ada. Code 304.106
35 Ill. Ada. Code 304.105 as it relates to 302.203
35 Ill. Mm. Code 312.101
Sections 12(a)
and 12(f)
of the Environmental Protection
Act.
3.
The Board finds a civil penalty of $1,500 is appropriate and
acceptable and hereby assesses same.
Mt. Vernon shall pay
the civil penalty according to the following schedules
(a)
$500.00 shall be paid not later than January 22,
1986;
(b)
$500.00 shall be paid within 60 days of the
payment referenced above in paragraph 3(a);
and
(c)
$500.00 shall be paid within 60 days of the
payment referenced above in paragraph 3(b).
Payment shall be made by certified or cashier’s check or
money order payable to:
State of Illinois
Fiscal Service Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, IL
62706
60-414
Alan C.
Conrad,
as
an individual,
shall personally guarantee
payment of the civil penalty referenced above
in
paragraph
3,
in the event Mt. Vernon should fail to pay said
penalty.
4.
The Board directs Mt. Vernon Sewer
and Water
Corporation
to
fully comply with Part A (“Compliance Program and Schedule”)
of the Stipulation of Facts and Proposal
for Settlement
in
this matter,
For clarity,
those provisions
are reproduced
below:
A.
COMPLIANCE PROGRAM AND SCHEDULE
22~ Re~pondentMt.Vernon Water and Sewer
Company shall complete the following
corrections
to
its public water supply system by August
30, l985~
a~
Unless
the Agency verifies that such
action has already been completed,
install well casing and column vents,
and
ensure that the well casing
is at least
(18) eighteen inches above ground
level,
as required in
3.2.5.8 Para,
(a)
of the
Recommended Standards For Water Works
issued by the Board of State Sanitary
Engineers for
the
Great
Lakes
&
Upper
Mississippi
River.
b.
Repair the well house
roof.
23.
Mt. Vernon shall submit a permit
application
to the Agency for disposal
of sludge
from the waste water treatment facility not later
than August
30, 1985,
24.
Respondent Mt. Vernon shall construct
a
two~cellaerated lagoon waste water treatment
facility
at the present site of its waste water
treatment facility.
The facility shall
be designed
in accordance with the “Illinois Recommended
Standards For Sewage Works”,
and shall
be
constructed
in two phases.
Phase
I shall
include
the construction of a new lagoon
and Phase II shall
include
the restructuring of the present lagoon.
Construction shall be according
to the schedule set
out below.
25.
To finance
the construction described
above
in paragraph
24, Respondent Conrad shall take
all steps necessary to secure personal bank loans
in
the
required amounts,
Further, Respondent
Conrad will enter into leases of
the facility with
Respondent Mt. Vernon,
Pursuant
to said leases,
—4—
Mt. Vernon will operate and maintain the facility
and make rental payments to Respondent Conrad
sufficient to amortize the debt incurred by
Respondent Conrad.
Mt. Vernon’s rental payments to
Respondent Conrad will be recovered by Mt. Vernon
in increased rates as an operating expense.
Illinois Commerce Commission approval of both the
rate increase and the leases
is required.
26.
Respondent Mt. Vernon shall accomplish
Phase I of the waste water treatment facility work
as follows:
A.
Commence design of the new waste water
treatment facility not later than
August 1, 1985.
B.
File a permit application regarding the
new waste water treatment facility with
the
Agency
not
later
than
December
1,
1985.
C.
File
a
rate case with the Illinois
Commerce
Commission
not later than
August
15,
1985.
D.
File
a
lease
approval
application
with
the Illinois Commerce Commission not
later than October 1, 1985.
E.
Commence construction of Phase
I of the
new waste water treatment facility not
later than May 1, 1986.
F.
Complete construction of Phase I of the
new water treatment facility by June 1,
1986.
27.
The
dates
contained
in
sub—paragraphs
26(E) and 26(F)
are conditioned upon the
following:
(a) Illinois Commerce Commission
approval by not later than March 1, 1986 of Mt.
Vernon’s request for a rate increase and lease
approval;
(b) Illinois Environmental Protection
Agency approval by March 1, 1986 of the permit
application; and
(c) approval by Respondent
Conrad’s bank by April 1, 1986 of his personal loan
request.
Upon the submission of a sworn affidavit
by Respondent Conrad that Respondents have taken
all actions required by the compliance schedule,
but that action by the Illinois Commerce
Commission, the Illinois Environmental Protection
Agency,
or
by
Respondent
Conrad’s
bank
has
not
proceeded
as
planned
due
to
delay
not
caused
by
the
66-418
Respondents,
the dates
in sub~paragraphs26(E),
and
26(F)
shall
be extended by one day for
each
day
of
delay
not
caused
by the Respondents.
28.
Mt.
Vernon shall follow
a
schedule
in
Phase
II
similar
to
the one
followed
in
Phase
I,
with
the
Phase
II commencement and
completion
dates
being August
1, 1989 and July 1,
1990,
respectively.
29.
The parties stipulate and agree
that any
willful
failure by the Respondents
to comply with
any
and
all terms
of this Stipulation of Facts
and
Proposal For Settlement may be brought before
a
court
of competent jurisdiction.
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
____
1985 by
a vote
7—c~
Dorothy M.
G nn, Clerk
Illinois Pollution
Control
Board