ILLINOIS POLLUTION CONTROL BOARD
    October 22, 1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCI3 79—274
    COMMONWEALTH EDISON COMPANY, an
    I
    Illinois Corporation (Waukegan
    I
    Generating Station),
    )
    I
    Respondent.
    MR. WILLIAM E. BLAKNEY AND MS. NANCY
    J.
    BENNETT, ASSISTANT
    ATTORNEYS
    GENERAL,
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT;
    MS.
    SUSAN
    B.
    PROCTOR,
    ISHAM,
    LINCOLN
    &
    BEAL,
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPIt~IIONAND
    ORDER
    OF
    THE
    BOARD
    (by
    J.D.
    Dumelle):
    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 408 and 901 of Chapter 3:
    Water Pollution, and Sections 12(a)
    and 12(f)
    of the Illinois
    Environmental Protection Act (Act).
    On January 28,
    1980,
    Edison moved to consolidate this matter with PCB 79—272, —273,
    -275 and 78-272.
    That motion was denied by the Board on
    February
    7,
    1980.
    Hearing was held on September 4,
    1981
    at which time a settlement agreement was presented.
    No members
    of the public were present.
    Edison owns and operates a facility at Greenwood Avenue
    and
    Lake
    Michigan
    in
    Waukegan
    which
    currently
    has
    three
    coal—
    fired
    or
    gas—fired
    power
    generating
    units
    and
    which
    discharges
    to
    Lake
    Michigan
    pursuant
    to
    NPDES
    Permit
    No.
    0002259.
    On
    June
    9,
    1977,
    the
    Board
    granted
    Edison
    a
    variance
    for
    certain
    of these discharges until March
    1,
    1979
    (PCB 77—13,
    25 PCB
    703).
    Since at least November,
    1977 through September, 1979,
    Edison has ~dischargedcontaminants from its Waukegan facility
    which exceeded the limits of the variance, the NPDES permit
    and Chapter 3.
    These violations are summarized below
    (Stip.
    3—8):
    43—5 17
    —2—
    Date
    Discharge
    Point
    Contaminant
    Violation
    11/17—3/79
    001(c)
    TSS
    Rule
    408
    11/77—6/78
    002
    TSS
    and
    Iron
    Rule
    408
    12/77—1/78
    001(b)
    Iron
    Rule
    408
    2/78—4/78
    001(b)
    TSS
    Rule
    408
    10/78—3/79
    ash
    hopper
    TSS
    Rule
    408
    9/79
    022
    TSS
    NPDES
    Permit
    4/79
    &
    6/79
    023
    pH
    NPDES
    Permit
    &
    10/79
    7/79 and 9/79
    023
    TSS
    NPDES Permit
    Some of these violations also resulted in violations of
    the variance and the NPDES permit and, therefore, Rule 901
    and Sections 12(a) and 12(f) of the Act.
    The Agency and Edison agree that these violations created
    a potential
    for injury to and interference with the health,
    general welfare and physical property of the people of the
    State, and that a $10,000 civil penalty should be assessed
    (Stip.
    11—12).
    They also agree that Edison shall cease and
    desist from these violations
    (Stip.
    12).
    In order to assess whether the penalty is appropriate
    the Board would prefer to have more specific information
    regarding the environmental harm,
    if any, caused by these
    violations.
    However, given the points of discharge and the
    lack of any adverse public reaction at hearing, the Board finds
    the penalty to be reasonable.
    The Board therefore finds the
    stipulated agreement acceptable under Section 33(c)
    of the Act
    and Procedural Rule 331.
    The Board notes, however, that as part
    of the cease and desist order, the stipulation and proposal
    for settlement includes the non—violation of future—issued
    permits.
    The Board has deleted this in that one cannot cease
    and desist from a
    future act.
    As such, it is a nullity.
    This Opinion constitutes the Board’s findings if fact
    and
    conclusions of law in this matter.
    ORDER
    1.
    Commonwealth Edison Company has violated Rules 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 Rules 408 and 901, and
    Sections
    12(a)
    and 12(f) of the Act at its Waukegan gene—
    43—518
    —3—
    rating station and from any and all violations of present
    NPDES permits issued regarding
    that station, and shall
    otherwise comply with all terms and conditions of the
    Stipulation and Proposal for Settlement filed on September
    16,
    1981.
    3.
    Within 45 days of the date of this Order, Edison shall,
    by certified check or money order,
    pay the stipulated
    penalty of $10,000 which
    is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200
    Churchill
    Road
    Springfield, Illinois
    62706
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control Board, hereby ~ertify that
    he above Opinion and Order
    was~doptedon the~” day of
    ______________,
    1981
    by a vote
    of
    ..S.-~.
    Christan
    L. Moff
    t14~J
    clerk
    Illinois Pollution’~ontrolBoard
    43—519

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