ILLINOIS POLLUTION CONTROL BOARD
    June 27, 1985
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    )
    PCB 84—3
    )
    84—4
    CITY OF’ GALVA, an Illinois
    )
    (Consolidated)
    municipal corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by 3. Anderson):
    This matter comes before the Board on two complaints filed
    January 6, 1984. PCB 84—3 in’~tk~lvesan eight—count complaint
    filed by the Illinois Env~ionmental Protection Agency (“Agency”)
    pertaining to the City of Galva’s (“Galva”) southwest wastewater
    treatment plant. PCB 84—4 involves a seven—count complaint filed
    by the Agency regarding Galva’s northeast wastewater treatment
    plant. Essentially, the complaints charge, for each respective
    facility, that since 1978 Galva has violated various provisions
    of the Environmental Protection Act (“Act”), Board regulations,
    and provisions of its NPDES permits.
    Presently before the Board is a March 27, 1985 Third Revised
    Stipulation and Proposal for Settlement. (The prior procedural
    history is set forth in the Board’s Order of February 20, 1985,
    and will not be repeated here.) On May 24, 1985 the parties
    moved to amend this stipulation to correct a typographical
    omission, which motion is granted.
    The Settlement Agreement is divided into three parts. The
    first part, entitled “Statement of Facts,” contains 29 numbered
    paragraphs recounting the situation respecting Galva and its
    facilities. The second part, entitled “Contentions of Law,”
    contains 15 numbered paragraphs wherein the Agency and Galva
    agree that various previously agreed facts constitute a violation
    of certain provisions of the Act, Board regulations, or an NPDES
    permit requirement. The third part of the Settlement Agreement,
    entitled “Proposal for Settlement,” contains a lengthy and
    detailed plan for design and construction affecting Galva’s
    facilities; interim effluent limitations; a requirement for Galva
    to adopt and enforce a sewer use ordinance regulating industrial
    discharges to the system; a requirement that Galva adopt a user
    charge system to fund operation, maintenance and improvements to
    Galva’s system; a progress report schedule; a requirement that
    Galva fund improvements locally and finally, a $3,375 civil
    penalty.
    84-481
    —2—
    This third settlement agreement differs from the previous
    one in only two regards, each of which corrects deficiencies
    noted by the Board in its February 20 Order: the City has agreed
    that it has committed the alleged violations (Stip. 11), and the
    user charge agreement has been clarified. The stipulation
    recites that grant funding is presently unavailable, but that the
    City is not precluded “from applying for any grant funding which
    may become available on some future date” (Stip. p. 24—25) (nor
    presumably from making such changes in the user charge system as
    such funding may allow).
    The Board finds, pursuant to Section 33(c) of the Act, that
    the Third Revised Stipulation and Proposal for Settlement is an
    acceptable resolution of this enforcement action. While the
    duration of the violations is long, the stipulated penalty
    appears suitable to aid enforcement of the Act, particularly in
    light of the expenditures involved in the corrective action
    agreement.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1. The Board finds that the City of Galva has violated
    12(a), 12(b), and 12(f) of the Environmental
    Protection Act; the Board’s Water Pollution
    Regulations, 35 Ill. Adm~ Code 302.203, 305.105,
    304.120(c), 305,102(b), 306.120(a), 306.103(b),
    306,120(c), 309.154(a) and 312.101, as a result of
    operation of its northeast and southwest wastewater
    treatment plants.
    2. The City shall comply with all the terms and
    conditions of the Third Revised Stipulation and
    Proposal for Settlement filed March 27, 1985, which
    is incorporated by reference herein as if fully set
    forth,
    3. The City shall pay a total stipulated penalty of
    $3,375.00. This penalty is payable by certified
    check or money order in 12 monthly installments of
    $281.25, which shall be designated for deposit into
    the Environmental Protection Trust Fund, and are to
    be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, IL 62706
    The first installment payment shall be made within
    30 days of the date of this Order.
    64-462
    —3—
    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
    ,~97c~
    day of
    ______________—,
    1985 by a vote
    of
    ________
    4?—
    Dorothy ?4. Gt~inn, Clerk
    Illinois Pollution Control Board
    64-463

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