ILLINOIS POLLUTION CONTROL BOARD
    October 22, 1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCB 79—273
    COMMONWEALTH EDISON COMPANY, an
    )
    Illinois Corporation (Powerton
    )
    Station),
    Respondent.
    MR. THOMAS CHIOLA, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT;
    MS. SUSAN B. PROCTOR,
    ISHAM, LINCOLN & BEAL, APPEARED ON BEHALF
    OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by J.D.
    Dume.le):
    This matter comes before the Board upon a complaint which
    was filed by the Illinois Environmental Protection Agency (Agency)
    on December 21,
    1979, alleging that the Commonwealth Edison
    company (Edison) violated Rules 404,
    405, 408 and 901 of
    Chapter
    3:
    Water Pollution,
    and Section 12 of the Illinois
    Environmental Protection Act (Act).
    On January 28,
    1980,
    Edison
    moved to consolidate this matter with PCB 79—272, —274,
    —275
    and 78—272.
    That motion was denied by the Board on February
    7,
    1980.
    Hearing was held on September 16, 1981 at which time
    a settlement agreement was presented.
    No members of the public
    were present.
    Edison owns and operates a coal—fired,
    fossil fuel electric
    generating station located in Tazewell County which is known as
    the Powerton Station and which discharges to waters of the State
    (probably the Illinois River, though this is not specified)
    pursuant to NPDES Permit No.
    0002232.
    On June 9,
    1977 the Board
    granted Edison a variance for certain of these discharges until
    March, 1979
    (PCB 77—13,
    25 PCB 703).
    From at least October
    1,
    1977 through November
    1,
    1978,
    Edison discharged contaminants from its Powerton facility which
    exceeded the limits of the variance, the NPDES permit and Chapter
    3.
    These violations are summarized below (Stip. 6—13):
    43—513
    —2—
    Discharge Point
    Sewage Treatment
    Plant
    (STP)
    #1
    STP #1,
    Outfall 004(a)
    STP #1
    Outfall 004(a)
    3/78
    STP #1
    Outfall 004(a)
    Secondary Ash Settling
    (SAS)—~utfall001
    SAS—Outfall 001
    5/78
    Demineralizer Filter
    Backwash (DFB)—
    Outfall 003
    SAS—Outfall 001
    STP—Outfall 004(a)
    SAS—Outfall 001
    DFB—Outfall 003
    SAS—Outfail
    001
    DFB—Outfall
    003
    STP—Outfall 004(a)
    DFB—Outfall 003
    STP—Outfall 004(a)
    Contaminant
    Fecal Coliform
    Fecal
    Coliforrn
    BOD5
    BOD5
    TSS
    TSS, Oil and Grease
    Total Iron
    Total Iron
    TSS
    Fecal Coliforrn
    TSS,
    Total Iron
    TSS,
    Total Iron
    TS S
    TSS,
    Total
    Iron
    Fecal Coliform
    Total Iron
    Total Iron,
    TSS
    Contaminant
    TS S
    TSS
    TS S
    TSS,
    Total Iron
    BOD
    ,
    TSS
    Fec~lColiform
    B0D5
    TSS,
    Total Iron
    TSS
    TS S
    TSS
    TSS
    TSS
    Total Iron
    TSS,
    Fecal Coliform
    TS S
    Total Iron
    TS S
    TSS
    Rule 408
    Rule 405
    Rule 408
    Rule 405
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 405
    Rule 408
    Rule 408
    Violation
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 405
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 408
    Rule 404
    and 405
    Rule 408
    Rule 408
    Rule 408
    Rule 404
    Date
    10/77
    1/78
    2/78
    4/78
    5/78
    Violation
    Rule 405
    Rule 405
    Rule 405
    Rule 405
    Rule 408
    6/78
    7/78
    8/78
    9/78
    Date
    11/78
    12/78
    1/79
    3/79
    4/79
    5/79
    6/79
    8/79
    9/79
    10/79
    11/79
    Discharge Point
    SAS—Outfall
    001
    DFB—Outfall 003
    SAS—Outfall 001
    DFB—Outfall
    003
    STP—Outfall 004(a)
    STP—Outfall 004(a)
    DFI3—Outfall 003
    SAS—Outfall 001
    DFB—Outfall
    003
    DFB-Outfall 003(a)
    DFB—Outfall 003(a)
    DFB-Outfall 003(a)
    DFB—Outfall 003(a)
    STP—Outfall
    004(a)
    SAS—Outfall 001
    DFB—Outfall 003(a)
    DFB—Outfall 003(a)
    STP—Outfall 004(a)
    43—514
    —3—
    Some of these violations also resulted in violations of the
    Permit and therefore Rule 901, and Sections 12(a)
    and
    (f) of the
    Act.
    Further, on December 15,
    1978; August 23,
    1979;
    September 24,
    1970; and November
    1,
    1979 Edison caused or allowed discharges
    which resulted in fish kills (Stip.
    13).
    The Agency and Edison agreed that Edison shall cease and
    desist from the above violations and that the sole environmental
    injury is as described above.
    The terms of the settlement include:
    a revision of its treatment process such that demineralizer
    regenerate wastewater is rerouted directly to the ash pond;
    a pH
    monitoring and alarm system;
    facilities for flow measurements;
    disinfection of tL~locomotive house sewage plant; NPDES permit
    modifications; a $3,000 payment for the value of the fish killed;
    immediate notification to the Department of Conservation for any
    future fish kills; and a penalty of $20,000.
    Based upon the penalty and other steps which will be taken
    to protect the environment, the Board finds the stipulated
    agreement acceptable under Section 33(c) of the Act and Procedural
    Rule 331.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Commonwealth Edison Company has violated Rules 404,
    405,
    408 and 901 of Chapter
    3:
    Water Pollution, and Sections
    12(a)
    and 12(f) of the Act.
    2.
    It is hereby ordered that Edison shall cease and desist
    from any and all violations of the Act and Rules 408 and
    901 of Chapter
    3 for all discharges at the Will County
    Station, and otherwise comply with all terms and conditions
    of the Stipulation and Proposal for Settlement filed
    in
    this matter on September 22,
    1981,
    which is incorporated
    by reference as if fully set forth herein.
    3.
    Within 30 days of the date of this Order,
    Edison shall,
    by certified check or money order payable to the State of
    Illinois, pay the stipulated penalty of $20,000 which is
    to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    4.
    Within 45 days of the date of this Order,
    Edison shall
    by certified check or money order payable to the State
    Fish and Game Fund, pay the stipulated sum of $3,000
    which is to be sent to the address in
    (3)
    above.
    IT IS SO ORDERED.
    ~3—515
    —4—
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby çprtify that th
    above Opinion and Order
    was adopted on the~.” day of
    ___________,
    1981 by a vote
    ~
    ristan L. Moffe
    ,
    erk
    Illinois Pollution
    rol Board
    43—516

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