ILLINOIS POLLUTION CONTROL BOARD

October 22, 1981

tLLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

)

v.

)

PCB

81—68

VILLAGE OF HARDIN, an Illinois

)

municipal corporation,

)

)

Respondent.

MR.

VINCENT W. MORETH, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

MR.

RALPH

J. MOSES, ATTORNEY FOR THE VILLAGE OF HARDIN, APPEARED ON

BEHALF OF THE RESPONDENT.

OPINION

AND

ORDER OF THE BOARD

(by N.E..Werner):

This matter comes before the Board on the April

28,

1981

Complaint brought by the Illinois Environmental Protection Agency

(“Agency”).

Count

I of the Complaint alleged that, from April

30,

1979 until

April

28,

1981,

the Respondent,

the Village of Hardin

(the “Village”),

allowed the discharge of contaminants from its wastewater treatment

facility

(the “facility” or “plant”) into the Illinois River without

an NPDES Permit in violation of Rule 901 of Chapter

3:

Water

Pollution Control Regulations

(“Chapter 3”)

and Section 12(f)

of the

Illinois 1~nvironmentalProtection Act (“Act”).

Count II alleged that,

intermittently from February

16,

1978

until

April 30,

1979,

the Village discharged effluent from its

facility with concentrations of five—day biochemical oxygen demand

(“BOD

“)

and suspended solids in excess of

five times the applicable

numer~calstandards in violation of the conditions of its NPDES Permit

#IL 0029139 (which expired on April

30, 1979), thereby violating

Rules

401(c) and 404(a) of Chapter

3 and Sections

12(a) and 12(f)

of

the Act.

Count III alleged that,

from October,

1977 until April

28,

1981,

th~

Respondent allowed the discharge of effluent containing unnatural

color,

foam, floating solids,

and obvious odor and turbidity from

its facility into the Illinois River in violation of Rule 403 of

Chapter

3 and Section 12(a)

of the Act.

4

3—557

---

—2

Count IV alleged that,

from October,

1977 until

April, 1979,

the Village failed to submit to the Agency the monthly Discharge

Monitoring Reports required by its NPDES Permit in violation of

Rules 501(c)

and 901 of Chapter

3 and Sections 12(a)

and 12(f) of

the Act.

Count V alleged that, intermittently from October 24,

1977

until April 30,

1979,

the Village failed to operate its facility as

efficiently as possible in a manner so as to minimize violations of

applicable standards

in that the Respondent failed to:

(1)

keep

the plant in operation from March 23,

1979 to September 27,

1979;

(2) fix or replace equipment that was broken or missing;

(3) provide

an alarm system or alternate power source;

(4) have an operable

flow meter;

(5)

provide an operating staff at the plant for a

sufficient number of hours;

(6) use approved lab testing procedures;

(7) use calibrating equipment;

(8)

utilize proper sampling;

(9) perform fecal coliform tests; and

(10) have an adequate spare

parts inventory, thereby violating the conditions of its NPDES Permit,

Rules 601(a)

and 901 of Chapter

3, and Section 12(f) of the Act.

A hearing was held on August 28,

1981.

The parties filed a

Statement of Stipulated Settlement on September 9, 1981.

The Village of Hardin, which is located in Calhoun County,

Illinois, owns and operates a wastewater treatment plant which

discharges contaminants into the Illinois River,

a navigable tilinois

water, pursuant to NPDES Permit #IL 0029139 which was issued

September 30,

1974 and expired on April 30,

1979.

The Village

failed to make

a timely application to renew its NPDES Permit

prior to April

30, 1979 and thus Count

I of the Complaint takes

this matter into acCount.

The Village has admitted that the violations alleged in the

Complaint occurred hut maintains that noncompliance was primarily

due

to

a lack of adequate funds to make the needed repairs and

provide the needed personnel.

(Stip.

8).

The proposed settlement agreement provides that the Village

shall:

(1)

cease and desist from further violations;

(2)

follow a

specified compliance program pertaining to the staffing and operation

of its wastewater treatment plant (including extensive testing and

sampling requirements);

(3) promptly obtain a certified Class

2

operator,

and

(4) pay the stipulated penalty of $750.00

.

(Stip. 8-11).

In evaluating this enforcement action and proposed settlement

agreement, the Board has taken into consideration all the facts and

circumstances in light of the specific criteria delineated in

Section 33(c) of the Act.

The Board finds the settlement agreement

acceptable under Procedural Rule 331 and Section 33(c) of the Act.

Accordingly, the Board finds that the Respondent, the Village of

iardin,

has violated Rules 401(c), 403,

404(a),

501(c),

601(a), and

901 of Chapter

3:

Water Pollution Control Regulations and

Sections 12(a) and 12(f) of the Illinois Environmental Protection Act.

43—558

---

—3

The Village will be ordered to cease and desist from further violations

and pay the stipulated penalty of $750.00

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board that:

1.

The Respondent,

the Village of Hardin, has violated

Rules 401(c),

403,

404(a),

501(c),

601(a),

and 901 of Chapter

3:

Water Pollution Control Regulations and Sections 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 $750.00 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 Statement of Stipulated Settlement filed on

september

9,

1981, which is incorporated by reference as if fully

set forth herein.

Chairman Dumelle concurs.

I, Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, hereb~certify that. the above Opinion and Order were adopted

on the

~

~

day of

________________,

1981 by a vote of

‘—~

_____

Christan L. Moff

~/,

Clerk

Illinois Pollutioh~ControlBoard