62-273

ILLINOIS POLLUTION CONTROL BOARD

January 10,

1985

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Complainant,

v.

)

 PCB 84—110

DAVID BAUMANN, d/b/a Lake

)

Suzanne Mobile Acres,

)

Respondent~.

MR. ALLEN SAMELSON, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF THE COMPLAINANT.

JENNINGS, FLYNN & GUYMON

 (MR., PATRICK M.

FLYNN,

 OF COUNSEL)

APPEARED ON BEHALF

 THE RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by

J.

 D. Dumelle):

This matter comes before the Board on a July 31,

1984

Complaint filed by the Illinois Environmental Protection Agency

(Agency) which alleged that,

 intermittently,

 from on or before

February,

 1979 until

July

31,

 1984, the Respondent discharged

effluent from the South Lagoon and from the North Lagoon of the

wastewater treatment

l~tDon

 system serving his mobile home park

without authorization

 an NPDES Permit in violation of 35

 Ill,

Mm. Code 309.102 and Section 12(f) of the Illinois Environmental

Protection Act (Act).

A hearing was

 helo. on October 26, 1984 at which time the

 parties summarized

their

 proposed settlement agreement and

incorporated a properly signed copy of Stipulation and

 Proposal

for Settlement

 into the record.

The Respondent,

 Mr~.David Baumann (Baumann), owns and

operates a mobile home park called Lake Suzanne Mobile Acres

(Mobile Acres) which

is

 Located on Rural Route

1,

 79 Main Street,

in O’Fallon, St.

Clair

 County,

 Illinois.

 Baumann also owns and

operates a wastewater

treatment

 lagoon system which serves the

residents of his mobile home park.

 There are three lagoons that

are part of the Respondentts wastewater treatment system:

 (1) the

South Lagoon, which

was

 constructed under Sanitary Water Board

Permit #1956—404 and has

 a design surface area of 0.723 acres,

receives wastewater

from

mobile

 home spaces

 in Mobile Acres,

one eight—unit

apartment

building,

and

 approximately

 15 or more

homes;

(2)

 the North Lagoon~which was constructed without an

Agency permit, has a surface area of 0.459

 acres and receives

wastewater from about

 mobile home spaces

 in Mobile Acres;

and

(3) the Three—Cell Lagoon, constructed under Sanitary Water Board

62-271

—2—

Permit 41966—GA--611, receives wastewater from about

 30 mobile

home spaces in Mobile Acres.

 These three lagoons each discharge

effluent into the Rocky Spring Branch which is tributary to Engle

Creek,

 Silver Creek, and the Kaskaskia River,

 all navigable

Illinois waters.

 (Stip.

 3—4).

The Respondent has been authorized to discharge “contaminants”,

as that term is defined in Section 3(d) of the Act,

 to the Rocky

Spring Branch pursuant to NPDES Permit No. 1L0045128 issued by

the Administrator of the United States Environmental Protection

Agency (USEPA) on November

5,

 1976,

 which contained certain

interim limitations for such discharges which terminated on

June

30,

 1977.

 ~.Stip.4—5).

On August

15,

 1978, the Respondent applied for a renewal of

the NPDES

 Permit for the Three—Cell Lagoon.

 However, the

Respondent’s NPDES Permit application made no provisions for ~any

discharges from the South Lagoon or the North Lagoon.

 (Stip.

5).

Almost four years later, on June 18,

 1982, the Respondent sub-

mitted a permit application to the Agency proposing to divert

wastewater from 60 mobile home units from the South Lagoon and

North Lagoon to the Three—Cell Lagoon and, in addition, proposing

to construct spray irrigation.

 On September 8,

 1982, the Agency

issued Permit 1982—AB-0662 which authorized the requested di-

version plan and spray irrigation activities.

 (Stip.

5).

 None-

theless,

 it is stipulated that the Respondent failed to implement

the provisions of Permit 1982—AB-0662 and thereby continued to

cause or allow discharges from the South Lagoon and North Lagoon

without the requisite authorization of an NPDES Permit.

 (Stip.

5).

Additionally, the parties have stipulated that, during the

time period beginning on, or before, February,

 1979 and con-

tinuing intermittently up to the present time, the Respondent has

discharged effluent from both the South Lagoon and the North

Lagoon without authorization of his NPDES Permit in violation of

35 Ill. Adm.

 Code 309.102 and Section 12(f) of the Act.

 Since

February,

 1979, Respondent Baumann has submitted discharge

monitoring reports to the Agency containing effluent analyses

pertaining to the discharge history of the South Lagoon, North

Lagoon, and Three—Cell Lagoon.

 (See: Exhibit A of the Stipulation).

Recommended interim effluent discharge limitations have been

developed by the Agency based on the discharge monitoring reports

which have been submitted by the Respondent.

 (See:

 Exhibit B of

the Stipulation).

The proposed settlement agreement provides that the

Respondent admits the violations alleged in the Complaint and

agrees to:

(1)

 cease and desist from further violations

“enabled,

 in part, by the, construction, operation and maintenance

of facilities for spray irrigation and the diversion of sixty

apartment units from the North and South Lagoons to the

Three-Cell Lagoon”;

 (2) operate and properly maintain the North

Lagoon, South Lagoon, and Three—Cell Lagoon by controlling the

heavy growth of duckweed, other weeds, briars, trees, and other

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—3—

brush on the banks and by minimizing the gray color and septic

odors of the waters until the lagoons’ systems are retired (i.e.,

when the Shiloh Valley Sanitary District interceptor becomes

operational which is anticipated to be about October of 1985);

(3) provide the best possible operation and maintenance of its

wastewater treatment system to produce the best effluent possible

for the existing facilities;

(4)

 submit the necessary discharge

monitoring reports to the Agency in a timely fashion properly

filled out by a certified operator on a month—to—month basis;

(5) provide proper operation and maintenance for the three

lagoons and insure that there is no downstream impact because of

reduced loadings to the South Lagoon and the North Lagoon; and

(6) pay a stipulated penalty of $1,000.00.

 (Stip.

 7—10).

Additionally, the parties have stipulated that the settle-

ment proposal

 is contingent “upon the condition precedent of the

Board issuing an Order to the Agency directing the latter to

issue an NPDES permit to Respondent David K. Baumann, d/b/a Lake

Suzanne Mobile Acres, which Respondent agrees to accept and

implement,

 for discharge from the North and South Lagoons with

interim effluent limitations as may be reasonably achieved

through application of the best practicable operation and main-

tenance practices

 in the existing facilities which the lagoons

are capable of meeting until the lagoons are retired and the

Shiloh Valley Sanitary District interceptor becomes operational

(which

 is presently scheduled in or about October,

 1985).”

(Stip.

9;

 See: Exhibit B

 in which the proposed interim effluent

limitations are set forth).

In evaluating this enforcement action and proposed settle-

ment 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 Illinois Environmental

Protection Act and finds the settlement agreement generally

acceptable under 35

 Ill. Adm. Code 103.180.

 The previously

mentioned “condition precedent”

 is acceptable to the Board and

will be included in the Board’s Order.

The Respondent is hereby found to have violated

 35 Ill.

 Adm.

Code 309.102 and Section 12(f) of the Act and will be ordered to

cease and desist from further violations, comply with the terms

and conditions of the proposed settlement agreement, and pay the

 stipulated penalty of $1,000.00.

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, David Baumann, d/b/a Lake Suzanne

Mobile Acres, has violated 35

 Ill, Adm. Code 309.102 and

Section 12(f) of the Illinois Environmental Protection Act.

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—4—

2.

 The Respondent shall cease and desist from further

violations.

3.

 Within 30 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

4.

 The Respondent shall comply with all the terms and

conditions of the Stipulation and Proposal for Settlement filed

on November 21,

 1984, which

 is incorporated by reference as if

fully set forth herein.

5.

 The Agency

 is hereby ordered to issue an NPDES Permit

to the Respondent within

 30 days of the date of this Order which

will

 allow discharges from the South Lagoon and North Lagoon with

interim effluent limitations as follows:

SOUTH LAGOON

002

 BOD (mg/i)

 SS (mg/i)

65

60

NORTH LAGOON

003

 BOD (mg/i)

 SS (mg/i)

45

65

These interim effluent iim:Ltations shall be maintained until

the lagoons are retired and the Shiloh Valley Sanitary District

interceptor becomes operational

 (which is presently scheduled in,

or about, October,

 1985)..

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify ~hat the above Opinion and Order was adopted

on the

 ,~?~Z-

 day of

____________,

 1985 by a vote of

 4~c7

Dorothy M. ~inn, Clerk

Illinois Pollution Control Board

62-274