ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SUNDALE SEWER CORPORATION and
    HOWARD SPURGEON,
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-192
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD (by N. J. Melas):
    On
    May 14
    , 1999, the parties filed a stipulation and proposal for settlement. The
    Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
    The March 13, 1998 amended complaint in this matter alleged that respondents violated
    Sections 12(a), 12(b), 12(d), and 12(f) of the Environmental Protection Act (Act) (415 ILCS
    5/12(a), 12(b), 12(d), 12(f) (1996)). The amended complaint also alleged that respondents
    violated various sections of the Board’s rules at 35 Ill. Adm. Code 302.102(b), 304.120(c),
    304.121(a), 304.141(a), 305.102, 305.103, 306.303, 306.304, 306.305, and 309.208(a). The
    alleged violations of the Act and the Board’s rules directly relate to numerous allegations of
    water pollution from respondents’ operation of a wastewater treatment plant in Tazewell
    County, Illinois.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The Board did not receive any requests for
    hearing. Accordingly, the Board grants a waiver of the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondents agree
    to pay a total civil penalty of $15,000. Complainant agrees to release respondents from any
    further penalties for the alleged violations of the Act and the Board’s rules herein provided that
    respondents make timely payments of the $15,000 penalty and follow the order below.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and respondents
    Sundale Sewer Corporation
    2
    and Howard Spurgeon
    regarding alleged violations at respondents’ wastewater
    treatment plant located on West Rosewood Street in the Sundale Hills
    Subdivision in Fondulac Township, Tazewell County, Illinois. The stipulation
    and settlement agreement is incorporated by reference as though fully set forth
    herein.
     
    2. Respondents or Sundale Utilities, Inc., if and when Sundale Utilities, Inc.
    comes into existence as a successor corporation to Sundale Sewer Corporation,
    shall pay the total sum of $15,000 in quarterly installments of $3,750 pursuant
    to the following schedule:
    a.
    $3,750 within 90 days from the date of this final Board order approving
    the parties’ stipulation and proposal for settlement;
    b.
    $3,750 on or before December 14, 1999;
    c.
    $3,750 on or before March 13, 2000; and
    d.
    $3,750 on or before June 11, 2000.
    Such payments shall be made by certified check or money order payable to the
    “Treasurer of the State of Illinois, for deposit to the Environmental Protection
    Trust Fund.” The case number and case name shall appear on the check (or
    money order). The federal employer identification number for Sundale Sewer
    Corporation (37-6031662) or Sundale Utilities, Inc., or the social security
    number for Howard Spurgeon (331-03-8620) shall also be included on the check
    (or money order).
    3.
    Each check shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of each check shall be simultaneously sent by first class mail to:
    Illinois Attorney General’s Office
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4.
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    3
    (35 ILCS 5/1003(a) (1996)), as now or hereafter amended, from the date
    payment is due until the date payment is received. Interest shall not accrue
    during the pendency of an appeal during which payment of the penalty has been
    stayed.
    5.
    Respondents and/or Sundale Utilities, Inc. shall cease and desist from future
    violations of any federal, state, or local environmental statues.
    6.
    Respondents and/or Sundale Utilities, Inc. shall provide the Illinois
    Environmental Protection Agency with the following specific information
    regarding its sewer maintenance/cleaning program:
    a.
    Frequency and methods that will be used; and
    b.
    Records/log of sewer cleaning performed.
    The frequency of maintenance and cleaning activities and methods that will be
    used shall be reported immediately to the Agency. Any updates or
    modifications made to the program shall be reported immediately to the
    Agency. Records or a log of the sewer cleaning performed shall be reported
    immediately to the Agency on a monthly basis, beginning immediately.
    7.
    Respondents and/or Sundale Utilities, Inc. shall report to the Agency, within
    one working day, any incident of manhole pumping or other bypassing from the
    sewer system.
    8.
    Respondents and/or Sundale Utilities, Inc. shall report to the Agency, within
    one working day, any reports/complaints made to the company of sewage back-
    ups into basements including the name, address, and phone numbers of the
    complaining party.
    9.
    Any occurrence of bypassing, such as pumping from manholes or backups
    (unless caused by an extreme or catastrophic weather event) shall trigger
    respondents and/or Sundale Utilities, Inc. to proceed with the replacement of
    the Briargate lift station and offloading from the Summit lift station to the
    Briargate lift station. Anything below a three-inch rain in a 24 hour period
    followed by a week of dry weather will not be given consideration as an
    extreme or catastrophic weather event. These modifications to the Briargate lift
    station are described as the first phase of construction outlined in the
    engineering report attached as Exhibit A to the stipulation and proposal for
    settlement.
    10.
    Respondents and/or Sundale Utilities, Inc. shall complete the work specified in
    Agency Construction Permit #1998-68 (6B)-2062, which is attached as Exhibit
    B to the stipulation and proposal for settlement.
    4
    11.
    Respondents and/or Sundale Utilities, Inc. must ensure that flow measurement
    and disinfection equipment shall be installed at the Robindale excess flow
    lagoon within six months of any occurrence of a discharge from the lagoon.
    Respondents and/or Sundale Utilities, Inc. must report such discharge to the
    Agency within one working day of the discharge.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 17th day of June 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top