ILLINOIS POLLUTION CONTROL BOARD
June
b0,
1981
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 80—105
CITY OF ABINGDON,
an Illinois
)
municipal corporation,
)
Respondent.
MS.
MARY
JO
MURRAY,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON BEHALF
OF
THE
COMPLAINANT.
MR.
DAVID
R.
MCDONALD,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF THE
RESPONDENT.
OPINION
AND
ORDER OF THE
BOARD
(by D. Satchell):
This matter comes before the Board upon a complaint filed May
13, 1980 by the Illinois Environmental Protection Agency (Agency)
naming as respondent the City of Abingdon.
The complaint alleges
violations by a municipal wastewater treatment plant of conditions
of NPDES permit No.
1L0020761, Sections
12(a)
,
12(b)
and 12(f)
of
the Environmental Protection Act
(Act)
and Rules 203, 401, 402,
404(f)*,
501,
601(a)
,
602(b)
,
901 and 1201 of Chapter
3:
Water
Pollution.
A public hearing
was held on February 25, 1981 in the
City of Abingdon,
at which time a stipulation and proposal for
settlement was presented.
Members of the public attended but did
not comment.
Abingdon is situated in Knox County and has
a population less
than 4000.
It was issued NPDES permit No. 1L0020761 on June 30,
1977.
This authorized Abingdon’s municipal wastewater treatment
plant
t:o discharge into Dago Slough,
a navigable water and a water
of the State.
Dago Slough is apparently tributary to Cedar Creek
and
the
Spoon River.
The following is
a summary of the allegations of the complaint.
Because there is considerable variation between the allegations
and the admissions contained in the stipulation, the stipulation
will be discussed in a series of footnotes following the outline
of the allegations.
*Rule
404(f) has been repealed
(4 Ill.
Reg. no.
20,
o.
53,
effective May 7,
1980.
42—17
—2—
Count
Section/Rule
Dates
Summary
I
Sl2(a),(b),(f)
Oct.
1977—
Failure to submit dis—
501(c),
901
Aug.
1979
charge monitoring re-
ports
(DMR’S)
as requir-
ed by NPDES permit.
II
§12 (a)
,
(b)
,
(f)
Oct.,
1977-
Failure to monitor
as
501,
901
Aug.
1979
required by permit.
III
§12(a)1’2’3
July 5, 1978
&
Violation of effluent
401(c)
,
404(f)
Dec.
5, 1978
standard for 5—day
biochemical oxygen
demand
(BOD)
IV
§12(a)4
Jan 6, 1978-
Violation of water
203(f),
402
May 13,
1980
quality standard for
ammonia
nitrogen.
V
§12(a)3
Jan.
6, l978~
Violation of effluent
401,
405
Nay 13,
1980
standard for fecal
coliform.
VI
§12(a)
July 5, 1978~
Violation of water qual—
203(d), 402
Nay
13, 1980
ity standard for dis-
solved oxygen.
VII
§12(a),(b),(f)
Nov.
1,
19772
Violation of effluent
203(a),
402,
Nay 13,
1980
limitation for settleable
403,
901
solids and water quality
limitation for unnatural
sludge.
VIII
Sl2(a),(b),(f)
Nov.
1, 1977—
Raw sewage bypasses in
601(a),
602(b)
May
13, 1980
violation of permit con—
901
ditions and Board regu-
lations.
IX
§l2(b),(f)9
Nov.
1, 1977—
Failure to take reasonable
601(b), 901
May 13, 1980
measures to prevent spill-
age and to provide optimum
operation and maintenance,
in violation of permit
conditions and Board regu-
lations.
X
§12(b),(f)
Nov.
1, 1977~0
Failure to employ Class
3
901, 1201
April 10,
1980
operator.
XI
§12(f)
Nov.
1, 1977~1
Failure to submit grant
501(c), 901
Nay 13,
1980
progress reports as re-
quired by permit.
42—18
—3—
1Abingdon also admits violation of Rules 410(a)
and 901, al-
though this
is not alleged
(Stip.
¶6).
2Abingdon also admits levels of suspended solids
(TSS)
in
violation of §12(a)
and Rules 401, 404(f)
,
410(a)
and 901
(Stip.
117)
3.
.
Abingdon has admitted violations of Rule 401(c), the averaging
rule.
The Board accepts this admission, although one usually
thinks of the violations as of the applicable effluent standard,
the averaging rule being a matter of interpretation of the standard.
4violations admitted only on January 6 and July 5, 1978
(Stip.
¶9)
5violations admitted only on July 5,
1978
(Stip,
1110).
6Abingdon also admits violation of Rule 410(a).
7Count VII admission relates to seven dates with respect to
water quality violations and five dates with respect to effluent
violations through August
1980
(Stip.
111111,
12).
8Abingdon admits violations on four dates and during a seven
month period in 1978 in connection with Count VIII, sewage bypasses
(Stip.
1113)
9lthingdon admits violation of §~l2(a) and “19(f)” and Rules
601, 901 in connection with Count IX
(Stip.
1114).
10Abingdon admits violation of operator certification require-
ments from November 1,
1977 through March 19,
1980
(Stip.
1115).
11Abingdon admits failure to submit grant progress forms for
June 30, 1978 through May 30,
1980,
in violation of permit condi-
tions,
§12(f)
and Rule 901.
The Board deems the complaint amended to conform to the proof
which consists of the admissions of the stipulation.
The Board
finds Abingdon in violation of the permit conditions, Board Rules
and the Act, substantially as alleged in the complaint as modified
by the stipulation.
In connection with the settlement the parties have outlined a
detailed compliance plan which imposes duties on both the Agency
and Abingdon.
The following is a
summary of
the settlement agree-
ment:
42—19
—4—
Abingdon agrees to submit in timely fashion all DMR’s and grant
progress reports required by its NPDES permit and to collect sam-
ples in accordance with NPDES permit requirements
(par.
18).
The
City is to take samples for submission to an Agency approved out-
side laboratory, which will prepare the DNR’s
(par.
19).
Abingdon
agrees to clean the bar screen three times daily or more frequently
if necessary
par.
21(c).
Abingdon agrees to maintain a chlorine
residual of between 0.2 and 0.75 mg/l
in the final effluent at all
times and to provide proper maintenance of the Imhoff tank and to
provide other maintenance as specified
par.
21(f).
Abingdon
agrees to take timely pre-grant and post-grant action so as to
effect the rehabilitation of its system and facility at the earliest
possible date
(par.
23).
Within thirty days of the date of the agreement Abingdon agrees
to make available a portable sludge pump and to take required steps
concerning sludge in the final settling tank
par.
22(b),
(c).
Within ninety days of the date of the agreement Abingdon agrees
to develop a comprehensive year—round sludge handling and manage-
ment program to be approved by the Agency and to install a final
settling tank sludge pump par~~20(a),
(b).
Within 120 days of the agreement Abingdon agrees
to install
a
properly designed velocity control weir to grit chamber and outlet.
By September 1,
1981 Abingdon agrees to eliminate bypass to the
receiving stream after the Parshall flume
par.
21(a),
(b).
Within 180 days of the agreement Abingdon agrees to monitor
influent waste from Briggs Manufacturing for TSS and flow, and to
provide a large capacity flow meter so that the total plant flow
can be measured at all times
par,
21(d),
(e).
Within 180 days
of the agreement Abingdon agrees to install audio high water level
alarms
and “tees” at the Monroe and Cherry Street lift stations
and to vigorously enforce its sewer use ordinance and require con-
nection to the city sewer by all residents within the city limits
presently discharging sewage waste to ditches and/or storm sewers
(par.
24).
Abingdon
agrees
to
pay
a
penalty
of
$4000.
The
first
payment
of
$1000
is
to
be
paid
within
sixty
days
of
the
date
of
the
Board
Order
and
the
next
three
installments
of
$1000
each
are
to
be
due
and payable two, four and six months, respectively, after the date
of the first payment.
Failure by the city to make timely
payment
results in the entire remaining amount becoming immediately due
and
payable.
The
Board
construes
this
as
referring
to
the
actual
date of first payment.
If this date is missed, the entire $4000
is immediately due and payable.
42—20
—5—
The Agency agrees that, pending completion of grant funded
upgrading, Abingdon shall be allowed to discharge effluent of up
to 20 mg/i BOD and 25 mg/i TSS
(par.
22).
The Agency also agrees
that lift station overflows will be permitted during periods of
hydraulic overloading until such time as grant funded upgrading is
completed, providing the following conditions are met:
lift sta-
tions are to be personally inspected by the superintendent of
public works on a daily basis; Abingdon is to provide optimum
operation and maintenance of the lift station; Abingdon is to
provide an adequate supply of spare parts for pumps, motors,
etc.;
and, the city is to report every lift station overflow to the
Agency within five days.
The time for completion of several increments of progress dates
from the agreement which is not dated.
The Board finds the agree-
ment dates from April 20, 1981, the date of the cover letter from
Respondent~s attorney.
The proposed settlement agreement contemplates that Abingdon
will be out of compliance with the Act and Board Rules for some
time in the future.
In particular Abingdon will be allowed to
discharge BOD and TSS in excess of levels which are authorized by
Rule 404 and will be allowed lift station overflows during periods
of hydraulic overloading,
in violation of Rules
601 and 602, as
well
as other possible violations of effluent and water quality
standards.
This noncompliance is to continue until completion of
grant funded upgrading.
Section
33(b)
of the Act specifically contemplates
a compliance
order which may include reasonable delay during which to correct a
violation.
This necessarily infers that the Board may enter an
order in an enforcement action allowing a respondent to violate
the Act and Board Rules.
Section 36(b)
authorizes the grant of variances for up to five
years upon a showing of arbitrary or unreasonable hardship.
The
settlement agreement in this case contemplates noncompliance until
grant funded upgrading is completed.
This could potentially lead
to perpetual noncompliance
if
grant funding is never received or
if construction is never completed.
This is not a reasonable time
within the meaning of Section 33(b).
The Board will therefore limit
the term of the compliance plan to five years.
Thereafter, Abingdon
must petition for a variance if it is not yet in compliance.
The Board recognizes the provision of the stipulation which
conditions the admissions on Board acceptance of the settlement
agreement.
The Board assumes the parties do not intend perpetual
noncompliance and anticipate prompt completion of grant funded up-
grading.
The Board has accepted and modified the agreement to
effectuate the parties’
intent.
If this is not the case they may
request reconsideration.
42—2 1
—6—
The settlement agreement authorizes 20/25 mg/l BOD/TSS and
speaks of the Agency permitting lift station overflows.
The
agreement also contemplates modification of the existing sewage
treatment plant and methods of operation.
The compliance Order
will not be construed as modifying the requirement to possess an
NPDES permit and to obtain appropriate modifications or construc-
tion authorizations.
The Agency will incorporate the compliance
agreement in any modified or reissued NPDES permit.
The Board finds the stipulation and proposal for settlement,
as modified, acceptable pursuant to Procedural Rule 331.
In making
its determination the Board has considered the factors enumerated
in Section
33(c)
of the Act, including the small size of Abingdon.
This Opinion constitutes the Board’s findings of fact and con-
clusions of law in this matter.
ORDER
1.
The City of Abingdon is in violation of conditions of NPDES
permit No. IL0020761 and Section 12(a),
(b)
and
(f)
of the
Environmental Protection Act and Rules 203,
402,
404(f)
410
501, 601(a), 602(b), 901 and 1201 of Chapter
3:
Water Pollu-
tion.
2.
Paragraphs 18 through 26 of the stipulation and proposal for
settlement, filed March
5,
1981, are hereby incorporated by
reference.
The City of Abingdon shall comply with the terms
of the stipulation and proposal for settlement, and each of
them;
provided, however, that the City of P.bingdon shall
comply with Section 12 of the Act and Chapter
3:
Water Pollu-
tion within five years
of the date of this Order,
the settle-
ment agreement notwithstanding.
3.
Pursuant to Rule 914 of Chapter
3 the Illinois Environmental
Protection Agency shall modify NPDES permit No. IL002O76l
consistent with this Order and the settlement agreement.
4.
The City of Abingdon shall pay a civil penalty of $4000.
The
first payment of $1000 is to be paid within sixty days of the
date of this Order and the next three installments of $1000
each are payble two, four and
six
months respectively
after
the date of the first payment.
If this City of Abingdon fails
to make any payment on time the entire remaining amount shall
become immediately due and payable.
Respondent shall, by
certified check or money order payable to the State of Illinois,
pay, subject to the above conditions,
a civil penalty of $4000
which is to be sent to:
42—22
—7—
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
IT IS SO ORDERED.
Mr.
Duinelle concurs. Mrs. Anderson dissents.
I, Christan L. Noffett, Clerk of the Illinois Pollution
Control Board, hereby certify that th~eabove Opinion and Order
were adopted on the
1O~
day of
_______,
1981 by a vote of
Z~f
Christan L. Moff
,
Clerk
Illinois Pollutio
ontrol Board
42—23