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
.--
-
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)
~
f
~Hristan L. MOff~tfrClerk
Illinois Pollution ‘Control Board
44—19