ILLINOIS POLLUTION CONTROL BOARD
    September 3, 1981
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    v.
    )
    PCB 77—157
    DECATUR SANITARY DISTRICT, A.E. STALE?
    )
    MANUFACTURING CO., and ARCHER-DANIELS-
    )
    MIDLAND COMPANY,
    )
    Respondents.
    MR. REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BE:iA~P
    OF THE COMPLAINANT.
    GREANIAS & BOOTH, ATTORNEYS AT LAW (MR. GUS T. GREANIAS, OF CO(JNSEI4,
    APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by N.E.Werner):
    This matter comes before the Board on the June 10, 1977 complain’-
    brought by the Illinois Environmental Protection Agency (“Agency”).
    On August 18, 1978, the Agency filed a nine—count Amended Complaint.
    Counts I, IV, V, VI, VII, VIII, and IX of this Amended Complairtt.
    contained allegations of violations by the Decatur Sanitary DistricL
    (“District”).
    Count II of the Amended Complaint contained allegations agai’-ist
    the Archer—Daniels—Midland Company (“ADM”).
    Count III of the Amended Complaint contained allegations agai~i.
    the A. E. Staley Manufacturing Company (“Staley”).
    After numerous preliminary legal papers were filed, a hearing
    was held on January 21, 1980.
    At this hearing of January 21, 1980, two separate settlement
    proposals were presented. One settlement proposal was between the
    Agency and ADM, the other proposed agreement was between the Agency
    and Staley. Concomitantly, ADM and Staley moved for expedited
    consideration of the allegations contained in Counts II and III of
    the Amended Complaint, and requested that the counts of the Amended
    Complaint pertaining solely to the Decatur Sanitary District be
    43—24 1

    —2—
    considered in a separate proceeding.
    There was no objection
    to ~hi.s
    procedure at the hearing, and the Hearing Officer submitted the
    motions to the Board.
    On February 4, 1980, the parties submitted two separate, signe~i
    Settlement Proposals to the Board (i.e., the agreements between the
    Agency and ADM, and between the Agency and Staley).
    On March 6, 1980, the Board entered an Interim Opinion and Order
    in this case which resolved all matters at issue between the Agency,
    ADM, and Staley. A stipulated penalty of $3,000.00 was assessed
    against each company for violating the Board’s Water Pollution
    Regulations by discharging organic wastes from their grain mt1iin~j
    and refining plants to sewers flowing to the Decatur Sanitary
    District in such quantities as to cause overloads at the District’s
    sewage treatment facility.
    On June 22, 1981, a separate hearing was held pertaining S~)lOi’
    to the allegations against the Decatur Sanitary District.
    On June 30, 1981, a Stipulation and Proposal for Settle’nerit
    between the Agency and the District was filed.
    The allegations in the Amended Complaint pertaining to the
    Decatur Sanitary District are encompassed in Count I and Counts IV
    through IX of the Amended Complaint.
    Count I of the Amended Complaint alleged that, from May 1, 1971
    until August 18, 1978, the emission of odors from the District’s
    sewage treatment and sludge disposal facility (the “plant” or
    “facility”) interfered with the enjoyment of life and property by
    nearby residents and caused air pollution in violation of
    Section 9(a) of the Illinois Environmental Protection Act (“Act”).
    Count IV alleged that, from March 1, 1977 until August 18, 1978
    (including, but not limited to, April 27, 1977 and May 25, 1977),
    the discharge from the District’s plant to an unnamed tributary an.1
    then to the Sangamon River caused the dissolved oxygen levels in the
    receiving stream to be less than 5.0 mg/l in violation of Rule 203L~)
    of Chapter 3: Water Pollution Regulations (“Chapter 3”) and
    Section 12(a) of the Act.
    Count V alleged that, on at least 16 separate occasions betwa~n
    May 1, 1977 and August 18, 1978, the District operated its facilitj
    in such a manner as to emit gaseous matter into the atmosphere which
    was injurious to property in that it “caused the exterior paint o~i
    surrounding homes, garages, and other exposed surfaces to ~
    crack, and peel”, thereby causing air pollution in violation of
    Section 9(a) of the Act.
    Count VI alleged that, since the month of ~1uly,1975, the
    District has been treating flows in excess of design criteria
    and has had, during specified months, organic loading populatioti

    equivalents
    (“P,E,”) greater than the 291,000 P.E. for
    BOO5 and
    total suspended
    solids allowed by Permit #1973—DB—431, thereby
    causing
    water pollution in violation of Section 12
    of
    the Act.
    Count
    VII alleged that, from October
    25, 1977 until August 18,
    1978, the
    Dist~rict caused the discharge
    to
    the
    Sangamon River
    from
    its facility of effluent containing five-day biochemical oxygen
    demand (“80D5”) in excess of the limitations set forth in its
    NPDES Permit No, IL 0028321, thereby violating its NPDES Permit,
    Rules 410(a) and 901 of Chapter 3, and Section 12(f) of the Act.
    Count
    VIII alleged that, from October 25,
    1977 until August 18,
    1978, the District allowed effluent discharges from its facility to
    the Sangamon River which contained suspended solids in excess of the
    limitations set forth in its NPDES Permit, thereby violating its
    NPDES Permit, Rules 410(a) and 901 of Chapter 3 and Section 12(f)
    of the Act.
    Count IX alleged that, from October 25, 1977 until August 113,
    1978, the Respondent allowed effluent
    discharges from its plant into
    the Sangamon River which contained
    fecal coliform bacteria in exces:j
    of permissible limits, thereby violating its NPDES Permit, Rules 4L0(~i)
    and 901 of Chapter 3, and Section 12(f) of the Act.
    The Decatur Sanitary District “services the City of Decatur
    and
    surrounding areas, a total service area of approximately 110,000
    persons”. (Stip. 3). Renovation and expansion of the District’s
    sewage treatment facilities began in 1972. At the present time,
    about one—third of the plant’s waste is treated by a conventional
    activated sludge process, and the remaining two—thirds of the flow
    is treated by a UNOX pure oxygen activated sludge system. (Stip. 4).
    The Dipper Lane sewage treatment plant is designed to receive
    and treat a wastewater flow of 25 million gallons per day (“MGD”)
    with an organic population equivalent of 291,000 P.E. (Stip. 4—5).
    The plant currently has a design maximum flow of 50 MGD, and any
    flows greater than the design maximum “receive primary sedimentatior
    treatment and chlorination in a ditch lagoon before final discharge.
    All effluents are discharged to Stevens Creek which flows into thc~
    Sangamon River”. (Stip. 5).
    Many operational problems were experienced after “the start—up
    of the UNOX system in 1975”. (Stip. 5), In April, 1977, the quality
    of the District’s effluent “became seriously degraded, causing
    dissolved oxygen levels in the Sangamon River to fall below allowable
    limits”. (Stip. 5), Additionally, “flows and loadings far in excess
    of design criteria” have been experienced since July of 1975.
    (Stip. 5—6).
    On May 20, 1977, the Agency placed the District on restricted
    status in an attempt to lessen the effluent and odor problems
    caused by “a substantial increase in loading to the plant in the
    period from November of 1976 to April of 1977”. (Stip. 6).

    —4—
    On December 29, 1977, the Agency removed the plant from
    restricted status based on the District’s agreement to undertake
    various corrective measures which would reduce the loadings to, or
    below, design limits. (See: Stip. 6—7; Exhibits A, B, and C).
    Unfortunately, this plant has had a history of many operational
    problems due to “plant expansion and reconstruction operations”,
    “major equipment malfunctions”, “unusual and severe weather
    conditions”, and the “overloading of the plant by area industry”.
    (Stip. 8).
    The recurring odor problems have been aggravated by “the
    proximity of the plant to neighboring residences and the prev3ilic~i
    wind patterns”. (Stip. 7). For example, between May 26, 1977 and
    June 13, 1977, “over 90 different citizens residing near the plant”
    registered “over 100 separate complaints regarding odors and/or fucne~
    from the plant”. (Stip. 7). Moreover, over 25 of these complaining
    individuals stated “that fumes from the plant were so strong as to
    cause exterior paint discoloration, cracking, and/or peeling at their
    residences” as well as adversely affecting their daily lives by
    causing great discomfort. (Stip. 7).
    Similarly, during the time period from April 14, 1978 until
    June 10, 1978, the Agency received over 25 separate complaints
    pertaining to the plant odors from the District’s facility.
    (Stip. 7—8).
    It is also stipulated that, on numerous occasions between October,
    1977 and July, 1978, the District’s plant effluent has frequently
    exceeded the limits set forth for BOO5 and total suspended solids i.~
    its NPDES Permit No. IL 0028321. (Stip. 8).
    The parties have indicated that “the severe winter of 1977
    delayed regular maintenance of the plant, particularly cleaning
    of the UNOX system”. (Stip. 9). Additionally, in early 1977,
    “heavy industrial overloading” caused the production of more solids
    than usual and resulted in “mechanical malfunctions of sludge handling
    equipment”. (Stip. 9). Thus, excessive levels of sludge solids
    accumulated in the clarifier and polishing lagoons, thereby result~inq
    in effluent and odor problems. (Stip. 9).
    The parties have stipulated that odors emanated from many
    different sources such as the clarifiers, the primary digester, an~
    the “too—full polishing lagoons” in 1977 and 1978, (Stip. 9). it
    is stipulated that “to some extent, chlorination has helped control
    odor from the sludge lagoons” and “the District has in recent years
    moved more aggressively to enforce contractual load limitations” on
    “industrial waste loadings”. (Stip. 9).
    The District is currently in the process of (1) further
    upgrading its facility; (2) promptly developing an adequate sludga
    management program; and (3) expeditiously cleaning out its tertiary
    lagoons. (Stip. 9—10).

    —5—
    The proposed settlement agreement provides that the District
    (1) admits the charges alleged against it in the Amended Complaint;
    (2) agrees to cease and desist from further violations; (3) “agrees
    to complete the process of cleaning out. the tertiary lagoons, in
    accordance with Permit
    #1980—SC-1634, by no later than December 31,
    1981”; (4) “agrees to submit a sludge management program, as an
    addendum to its Facilities Plan, to the Agency by no later than
    August 31, 1981” and, (5) agrees to pay a stipulated penalty of
    $1,000.00
    .
    (Stip. 10—11),
    In evaluating this enforcement action and proposed settlement
    a~jreement, the Board has taken into consideration all the facts an~
    circumstances in light of the specific criteria delineated in
    Section 33(c) of the Act, The Board finds the settlement agreem~iit
    between the Decatur Sanitary District and the Agency acceptable
    under Procedural Rule 331 and Section 33(c) of the Act,
    The Board finds that the Respondent, the Decatur Sanitary
    District, has violated its NPDES Permit, Rules 203(d), 410(a), and
    901 of Chapter 3: Water Pollution Regulations, and Sections 9(a),
    12, 12(a), and 12(f) of the Illinois Environmental Protection Act,
    The stipulated penalty of $1,000.00 will he assessed against the
    Respondent.
    This Opinion constitutes the Board’s findings of fact arid
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Respondent, the Decatur Sanitary District, has violated
    its NPDES Permit, Rules 203(d), 410(a), and 901 of Chapter 3: Water
    Pollution Regulations, and Sections 9(a), 12, 12(a), and 12(f) of
    the Illinois Environmental Protection Act.
    2.
    The Respondent shall cease and desist from further violations~
    3,
    Within 30 days of the date of this Order, the Respondent
    shall, by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty of $1,000.00 which is to be
    sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois 62706
    4.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed on
    June
    30, 1981,
    which is incorporated by reference
    as if fully set
    forth
    herein,
    43—245

    —6—
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the 3~~_day of
    ~
    1981
    by a vote of 5~-~
    Christan L. Moffett,
    lerk
    Illinois Pollution Control Board
    L~n—246

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