ILLINOIS POLLUTION CONTROL BOARD
    May
    29,
    1984
    JAMES J. CUPP,
    )
    Complainant,
    v.
    )
    PCB 83—104
    SOUTH PALOS TOWNSHIP SANITARY
    )
    DISTRICT,
    )
    Respondent.
    MR.
    JAMES J. CUPP,
    PRO
    SE, APPEARED FOR COMPLAINANT;
    MSSRS. PATRICK A. LUCANSKY AND THOMAS BAYER (KLEIN, THORPE
    &
    JENKINS, LTD.) APPEARED FOR RESPONDENT.
    OPINION AND ORDER OF
    THE
    BOARD (by
    B.
    Forcade):
    On July 29,
    1983, James
    J,
    Cupp
    (“Cupp”)
    of Palos Park filed
    this enforcement action against the South Palos Township Sanitary
    District (“South Palos”).
    Cupp claimed violations of 35 Ill.
    Adm. Code 306.304
    (overflows of sanitary sewers expressly forbidden
    and 306.102(a)
    (systems reliability of treatment works and assoc-
    iated facilities.
    On October
    5,
    1983, South Palos
    filed a
    motion to limit claimants request for relief.
    On December 22,
    1983,
    a hearing was held in Palos Hills,
    Illinois.
    South Paloc provides sewer service to an area approximately
    one mile wide,
    running between 127th Street on the north and
    135th Street on the south
    (R.
    57);
    this area includes four or
    five different water sheds or subsheds draining in different
    directions
    (R.
    59).
    rrhus
    lift
    stations must be used to trans-
    port sewage from certain areas to the treatment plant.
    Cupp~s
    home is approximately 100 feet from the lift station at 131st
    Street and 80th Avenue
    (R.
    65).
    The manhole on that lift station
    and the lower level
    living area of Cupps home are at approximately
    the
    same level
    (R.
    75).
    During periods of rainfall the sanitary sewers near Cuppts
    home back—up.
    Sewage will back-up through Cupp’s toilets into
    the recreation room,
    study and basement area.
    Back—ups from the
    lift station manhole flood Cupp’s yard with human waste and
    toilet paper.
    Cupp’s back-ups began on April
    18,
    1975 and have
    continued on the following dates:
    4/27/75, 5/25/75, 2/21/76,
    9/76, 3/28/79,
    3/29/79, 4/11/79, 4/25/79, 4/27/79,
    5/23/79,
    6/11/79, 6/19/79,
    7/24/79, 7/25/79, 8/9/79,
    8/14/79,
    12/24/79,
    1/16/80, 3/27/80,
    4/4/80,
    6/80, 9/16/80,
    3/28/83, 4/2/83,
    4/10/83,
    4/13/83, 7/1/83,
    and 7/18/83
    (R.
    8—11).
    Cupp has contacted the
    58-223

    2
    South Palos trustees
    (R,
    8),
    South Palos field workers
    (R,
    11),
    the Illinois Environmental Protection Agency
    (R.
    11) and
    filed
    an informal complaint with this Board on April
    11,
    1979
    (R.
    26)
    in an effort to remedy Cupp’s formal complaint.
    South Palos testified that the cause of
    flooding
    is excessive
    infiltration and inflow
    (“1
    & I”)
    into the sanitary sewer system
    tributary to the lift station near Cupp’s home;
    inflow in excess
    of the lift station’s pumping capacity
    (R.
    68).
    On a nationwide
    basis approximately 20
    of the
    I
    &
    I
    is from the municipal sewers,
    80
    from the private sewer
    lines; that ratio should be valid for
    South Palos
    (R.
    65).
    Illegal downspout and sump connections con-
    tribute significantly to private sewer line inflow
    (R.
    61) and
    illegal connections exist
    in South Palos
    (R.
    62).
    The sewer lines
    involved are sanitary sewer lines
    (R.
    59).
    The flooding problem
    is not limited to Cupp but is experienced by a number of other
    residents
    (R.
    91, 98).
    The Board finds that the sanitary sewer
    lines of South Palos
    are overflowing onto Cupp’s
    lawn and home as a result of excessive
    infiltration and inflow and that this constitutes a violation of
    35
    Ill, Adm. Code 306.304.
    Section 306.102(a)
    requires that
    treatment works be so constructed and operated as to minimize
    violation of applicable standards during various types of
    contingency situations.
    There
    is no evidence in the record to
    support a finding that such a failure during these types of
    contingencies has occurred, but that count is dismissed.
    The
    Board will order a specific program to reduce the infiltration
    and inflow.
    Cupp has requested this Board to order South Palos
    to pay
    for damages to his property
    (Complaint, ¶
    5) and install
    a
    collection tank on his property
    (R,
    24).
    The Board declines
    to award damages as this would not constitute a civil penalty
    to aid enforcement of the Illinois Environmental Protection Act.
    The
    Board is empowered to assess civil penalties
    but it
    cannot
    award private damages.
    Accordingly, South Palos’s motion to
    limit relief is granted.
    Also,
    while a collection tank and
    ejector might alleviate the symptoms (Cupp’s flooding) it does
    not address the problem (infiltration and
    inflow).
    South Palos
    testified that they were presently engaging in a door-to—door
    inspection program for illegal hook-ups
    (R.
    70).
    This effort
    should be coupled with a public awareness campaign to inspect
    homes and inform residents of hook~-uprestrictions.
    The Board
    has,
    in a previous case, ordered public notification of hook-up
    restrictions through customer mailings.
    Vi11aq~9fBourbonnais
    v, Illinois Environmental Protection A enc
    ,
    PCB 83—71, October 19,
    198
    at
    .
    Pu
    ication in a newspaper o
    general circulation is
    another option.
    South Palos also testified that there are feasible
    methods of detecting leaking sewer pipes using smoke or soil
    saturation techniques
    (R.
    71—72),
    58-224

    3
    South Palos has taken steps to alleviate
    problems
    with their
    sewer system, however,
    the Board’s finding of violation requires
    that a more formal and comprehensive program be mandatorily
    implemented.
    The Board today will order South Palos to develop
    within 60 days a comprehensive progr~.mto evaluate the sources of
    iufiltration and inflow and remedy those problems.
    That program
    must, within one year after Board acceptance result in identifi—
    cation of the sources of such excessive flows,
    elimination of 90
    of the illegal downspout and sump pump
    connections,
    and application
    for any available fede.~alfunding to cure the infiltration
    in
    the
    public sewer
    lines.
    This Opinion constitutes the Board’s
    findings of
    fact and
    conclusions of law in this matter,
    ORDER
    1,
    The South Palos Township Sanitary
    District has
    violated
    35 Ill. Adm, Code 306.304.
    2.
    The allegation of violation of Section 306,102(a)
    is
    dismissed,
    3.
    Within 35 days
    of the date of the Order, the Respondent
    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 penalty of
    $100 which
    is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL
    62706
    4.
    Within 90 days of the date of this Order the South
    Palos Township Sanitary District shall submit
    to the
    Board and the Agency a districtwide
    plan or
    program
    to
    identify and eliminate,
    as much as possible, the
    excessive flows to the system’s sewers,
    At a minimum
    such plan shall call for:
    a.
    A
    schedule of full completion
    not later
    than
    one year from acceptance by the Board;
    b.
    elimination of at least 90
    of the illegal down~’
    spout and sump pump connections;
    1.
    this effort should
    include,
    at a
    minimum,
    a public awareness program, which utilizes
    publication in a newspaper of general
    circulation and customer mailings coupled
    with door-to—door inspections and all legal
    remedies to force homeowner compliance
    58~225

    4
    2.
    application
    of smoke and soil saturation
    tests to identify illegal downspouts and
    damaged sections of sewers;
    c.
    application for any available federal funds to
    cure infiltration into the public
    sewers.
    5.
    Within
    30
    days of the date the South Palos Township
    Sanitary District submits its plan, the Agency shall
    provide comments to the Board on the adequacy of the
    plan.
    6.
    The Board will retain jurisdiction in this matter until
    plan approval.
    IT IS SO ORDERED.
    Board Member J.D. Dumelle concurred.
    I,
    Dorothy M. Gunn, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    was adopted on the ~?7~day
    of
    ~
    ,
    1984
    by
    a vote of
    “—C
    .
    I
    Dorothy M. Arnn, Clerk
    Illinois Pollution Control Board
    58~226

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