ILLINOIS POLLUTION CONTROL
    BOARD
    November 5,
    1981
    ENVIRONMENTAL
    PROTECTION
    )
    AGENCY,
    Complainant,
    V.
    )
    PCB
    80-23
    CITY
    OF
    !3A~NLD,
    Respondent.
    MR.
    VINCENT
    NORETH,
    ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT.
    ~iR.
    RICHARD
    3.
    MENO,
    DENBY,
    DOBBS,
    MENO
    AND
    BLOOMER,
    P.C.,
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    D.
    Anderson):
    This
    matter
    comes
    before
    the
    Board
    upon
    a
    complaint
    filed
    January
    30,
    1980
    by
    the
    Illinois
    Environmental
    Protection
    Agency
    (Agency)
    naming
    as
    respondent
    the
    City
    of
    Benid
    (Benid).
    The
    complaint alleges Violation of Sections 12(a), 12(f)
    and
    9(a)
    of the Illinois Environmental Protection Act
    (Act)
    and Rules
    401(c)
    ,
    402,
    403, 405,
    410(a)
    ,
    601(a)
    ,
    901 and 1201 of Chap-
    ter 3:
    Water Pollution in connection with operation of
    a
    municipal wastewater treatment plant in Macoupin County.
    A
    public hearing was held in Carlinville on July 28,
    1981.
    No
    members of the public attended.
    The parties presented a
    partial settlement agreement which was filed with the Board
    on September 9,
    1981.
    Benid operates
    a municipal wastewater treatment
    plant
    which discharges to Cahokia Creek pursuant to NPDES Permit
    No.
    IL 0020885.
    The plant comprises a pumping station, Spira-
    hoff tank, trickling filter and final settling tank.
    In
    addition there is a lift station near
    t’~7est Hickory Street.
    Benid has
    a population of 1,638.
    The following is
    a summary of the allegations of the
    complaint:
    Count
    Section/Rule
    Summary
    I
    §12(f)
    Violation of NPDES permit condition
    Rule
    901
    requiring
    monitoring
    and
    reporting
    of
    flow
    44—15

    —2—
    Count
    Section/Rule
    Summary
    II
    §12(f)
    Violation
    of
    NPDES permit effluent
    Rule
    410(a)
    limitation
    of
    400
    fecal
    coliform
    per
    100
    ml
    and
    condition
    requiring
    monitoring
    and
    reporting
    III
    §12(a)
    Violation
    of
    fecal
    coliforra
    effluent
    Rules
    401(c)
    standard
    and
    405
    IV
    §12(a)
    Violation of effluent and water
    Rules
    402
    quality standards relating to
    and
    403
    offensive
    discharges
    and
    unnatural
    sludge and bottom deposits
    V
    §12(a)
    Lift station malfunction
    Rule 601(a)
    VI
    §12(a)
    Failure to employ at least a Class II
    Rule 1201
    operator
    (sic)
    VII
    §12(f)
    Violation of NPDES permit effluent
    Rule 410(a)
    limitations of
    4 mg/i 5-day biocheini.-
    cal oxygen demand
    (BOD)
    and
    5 mg/i
    total suspended solids
    (TSS)
    (“4/5”)
    VII
    §9(a)
    Emission of odors so as to cause air
    pollution
    Benid has stipulated that it violated the Act and Board
    rules
    as alleged in the complaint on numerous specific dates
    between January
    1, 1977 and January 28,
    1980.
    The stipulation
    provides
    a detailed compliance plan but no penalty is fixed.
    Benid presented testimony in mitigation at the hearing and the
    parties attached to the stipulation exhibits concerning the
    proper penalty.
    The settlement provides for the following:
    repair or
    replacement of pumps
    at the Hickory Street lift station;
    replacement of baffles in the Spirahoff tank; proper mainten-
    ance and cleaning of sludge drying beds;
    regular maintenance
    of motors and other equipment;
    regular filter cleaning and
    painting;
    and, repairs to trickling filter.
    The settlement
    also provides
    a detailed schedule whereby the current operator,
    Lynn
    Schmidt,
    is
    to
    obtain
    Class
    3
    certification
    in
    no
    event
    later
    than
    May
    31,
    1982.
    Benid
    will
    retain
    a
    Class
    3
    operator
    within
    thirty
    days
    of
    three specified events:
    termination of
    employment of the current operator; failure of the operator
    to satisfy two specified dates for completion of courses;
    or,
    failure to satisfy the final deadline for certification.
    44—16

    —3—
    The Board accepts the settlement agreement pursuant to
    Procedural Rule 331.
    The Board finds Benid in violation of
    Sections
    12(a),
    12(f)
    and 9(a)
    of the Act and Rules 402,
    403,
    405,
    410(a)
    ,
    601(a),
    901
    and
    1201
    of
    Chapter
    3:
    Water
    Pollution.
    The
    Board
    finds
    no
    violation
    of
    Rule
    401(c),
    the
    averaging
    rule.
    Benid was the subject of a previous enforcement action
    involving substantially the same violations
    (EPA v.
    Benld,
    PCB 75—372,
    21 PCB 313, May 6, 1976).
    Benid ~Ti~fined $400
    and ordered to comply with an agreed compliance plan.
    There
    is
    no
    indication that any of this was carried out.
    The Board notes that the 4/5 permit condition was apparently
    required by Rule 404(f)
    ,
    which set a 4/5 effluent standard.
    Rule 404(f)
    has been repealed.
    However, the DOD and TSS levels
    here are far in excess of 30/30, the most lenient standards
    for any source
    (R77—12,
    Docket C, May 1,
    1980;
    4 111.
    Reg.
    No.
    5,
    p.
    41, February
    1, 1980;
    4
    Ill. Reg. No.
    20,
    p.
    53,
    May 16,
    1980)
    The Board also notes that this case involves gross pollu-
    tion and accumulation of sludge deposits
    in the bed of Cahokia
    Creek.
    rrhere
    is significant injury to and interference with
    the public health and general welfare.
    The social and economic
    value of the treatment plant is reduced by improper operation.
    There Is no question as to suitability of the site, or the
    technical practicability of compliance.
    Most of the evidence
    received relates to economic reasonableness.
    The Agency notes that Benld saved over $3,100 through
    delaying compliance.
    The Agency estimates the following
    savings:
    $418.83 by deferring for
    39 months purchase of two
    pumps costing $13,000; $2,634.30 by deferring for 18 months
    the hiring of a certified operator;
    and, $60 by failing to
    test for fecal coliform on four instances.
    Benid has presented testimony concerning the City’s
    financial difficulties.
    The Board has substantially reduced
    the penalty after considering the mitigating circumstances
    delineated in Section 33(c)
    of the Act as outlined above.
    In
    view of the seriousness
    of the pollution and Benld’s
    inaction following the earlier Board order, and in view of the
    mitigating circumstances, the Board finds that
    a penalty
    of
    $300 is necessary to aid enforcement of the Act.
    This Opinion
    constitutes the Board’s findings of fact and conclusions of
    law in this matter.
    44—17

    —4—
    ORDER
    1.
    Respondent, the City of Benld,
    is
    in violation of
    Sections 12(a),
    12(f)
    and 9(a)
    of the Act and Rules
    402,
    403,
    405,
    410(a),
    601(a), 901 and 1201 of Chapter
    3:
    Water Pollution.
    2.
    Respondent shall cease and desist violations of
    Sections
    12
    and
    9
    of
    the
    Act
    and Chapter 3.
    3.
    Within 30 days of the date of this Order, Respondent
    shall repair or replace with submersible pumps the ejection
    pumps
    at the Hickory Street lift station.
    4.
    Within
    30 days of the date of this Order,
    Respondent
    shall replace the baffle in the Spirahoff tank.
    5.
    Respondent shall follow proper maintenance practices
    for periodically cleaning out sludge drying beds in order to
    control
    odors.
    6.
    Respondent shall develop and implement a written
    maintenance
    schedule
    including
    lubrication
    of motors and other
    moving
    parts.
    Respondent
    shall
    make
    records
    of
    maintenance
    operations
    performed
    and
    retain
    these
    for
    Agency
    inspection.
    7.
    Within 60 days of the date of this Order, Respondent
    shall complete necessary painting of filters.
    Thereafter,
    Respondent shall implement a schedule of regular filter clean-
    ing and painting.
    8.
    Within 30 days of the date of this Order, Respondent
    shall complete all needed repairs
    to the trickling filter
    basin.
    9.
    Respondent shall retain the services of a properly
    certified Class
    3 operator within 30 days of any of the
    following events, whichever occurs
    first:
    a)
    If
    the
    current
    certified
    operator
    becomes
    no
    longer
    employed as the certified operator for Benld;
    or
    b)
    If the current operator does not obtain Class
    3
    certification before May 31,
    1982; or
    C)
    If the current operator fails to meet either of the
    deadlines for completion of wastewater courses
    as
    specified in the stipulation filed September 9, 1981,
    which is hereby incorporated by reference.
    44—18

    —5—
    10.
    Within 35 days of the date of this Order, Respondent
    shall, by certified check or money order payable to the State
    of Illinois, pay a civil penalty of $800 which is to be sent
    to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706
    IT IS SO ORDERED.
    Mr. Goodman concurred.
    I, Christan L. Moffett, Clerk of the
    Illinois
    Pollution
    Control Board, hereby certify that the above Opinion and Order
    were adopted on the
    ~
    day of
    ‘7
    •~,,..
    ~.
    ~,
    1981 by a
    vote of
    -
    L
    ~
    t
    .--
    -
    -~/
    )
    ~
    f
    ~Hristan L. MOff~tfrClerk
    Illinois Pollution ‘Control Board
    44—19

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