ILLINOIS POLLUTION CONTROL BOARD
    May
    1,
    1981
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    V.
    )
    PCB 79—267
    CENTRAL ILLINOIS LIGHT COMPANY,
    (E.D.
    Edwards Station),
    Respondent.
    MR. WILLIAM
    E. BLAKNEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    O’HERN, WOMBACHER, MOON & BOOS, ATTORNEYS AT LAW
    (MR. WILLIAM
    B.
    WOMBACHER, OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the December 12,
    1979
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    After discovery occurred,
    the Agency filed a Motion to
    File Amended Complaint Instanter and Amended Complaint on April
    1,
    1980.
    Count I of the Amended Complaint alleged that, during specified
    time periods between November,
    1977 and April
    1,
    1980,
    the Central
    Illinois Light Company (the “Company”) discharged effluents from its
    sewage treatment plant which exceeded the NPDES Permit limits
    pertaining to 5-day biochemical oxygen demand
    (“BOD “), total
    suspended solids,
    and fecal coliform in violation o~its NPDES
    Permit,
    Rules 410(a) and 901 of Chapter
    3:
    Water Pollution Control
    Regulations
    (“Chapter 3”),
    and Sections 12(a) and 12(f)
    of the
    Illinois Environmental Protection Act
    (“Act”).
    Count
    I also alleged that, during the time period between
    April, 1978 and April
    1,
    1980,
    the Company discharged effluent from
    its ash pond which exceeded the NPDES Permit limits relating to pH
    and total suspended solids in violation of Rules 410 and 901 of
    Chapter 3 and Sections 12(a) and 12(f)
    of the Act.
    Count II alleged that the Respondent, by discharging the
    effluent described in Count
    I, also violated Rules 404(a)
    and 405
    of Chapter
    3 and Section 12(a)
    of the Act.
    41—305

    —2—
    Count III alleged that, from April,
    1978 until
    April
    1,
    1980,
    the Company discharged effluent from its ash pond which exceeded the
    relevant pH limits in violation of Rule 408(a)
    of Chapter
    3 and
    Section 12(a) of the Act.
    Count IV alleged that, during June of 1977, the Company
    completed the construction of an acid injection system to control
    the pH of its ash pond effluent, without first obtaining Agency
    authorization to construct the system, and has continued to
    discharge effluent from its ash pond in violation of Rules 901 and
    910(n) (1) of Chapter
    3 and Sections 12(b)
    and 12(f).
    Count V alleged that, on November 26,
    1979, the Company
    completed construction of, and began operation of,
    its sewage
    treatment plant without first obtaining Agency authorization, and
    continued to discharge effluent from this facility in violation of
    Rules 901 and 910(n)(1) of Chapter 3 and Sections 12(b)
    and 12(f)
    of the Act.
    Hearings were held on November 19,
    1980 and March 30,
    1981 at
    which no members of the public were present.
    The parties filed a
    Stipulation and Proposal for Settlement on March 31,
    1981.
    The Respondent is a public utility which produces electricity
    at its E.D.
    Edwards generating station which is located near
    Bartonville, in Peoria County,
    Illinois.
    Wastewater from this
    electric generating station is discharged into the Illinois River
    pursuant to NPDES Permit No.
    IL 0001970.
    (Stip.
    1—2; Exhibits
    A
    and B).
    The proposed settlement agreement includes a detailed compliance
    program and schedule which provides that the Company shall promptly:
    (1) install
    “a counter on each effluent pump of its sewage treatment
    plant to provide more precise measurement of the final effluent flow”;
    (2) install “an air relief valve in the final effluent line of its
    sewage treatment plant to prevent air lock”;
    (3)
    cease and desist
    from any further violations;
    and
    (4) pay a stipulated penalty of
    $10,000.00
    .
    (Stip.
    5).
    Additionally, the parties have stipulated
    that the Company has already secured Agency approval of the “as—built”
    plans and specifications of both its sewage treatment plant and its
    acid injection facility.
    (Stip.
    5).
    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.
    The Board finds that the Respondent,
    Central Illinois
    Light Company,
    has violated Rules 404(a),
    405,
    408(a), 410(a),
    901 and 910(n) (1) of
    Chapter
    3:
    Water Pollution Control Regulations and Sections 12(a),
    12(b), and 12(f)
    of the Illinois Environmental Protection Act.
    The
    Respondent will be ordered to cease and desist from further
    violations and a stipulated penalty of $10,000.00 will be assessed
    against the Company.
    4
    1—306

    —3—
    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 Central Illinois Light Company (E.D.
    Edwards Station), has violated Rules 404(a),
    405,
    408(a),
    410(a),
    901 and 910(n) (1) of Chapter 3:
    Water Pollution Control Regulations
    and Sections 12(a), 12(b) and 12(f)
    of the Illinois Environmental
    Protection
    Act.
    2.
    The Respondent shall cease and desist from further
    violations.
    3.
    Within 45 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 $10,000.00 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
    March 31,
    1981, which is incorporated by reference as if fully set
    forth herein.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the
    /
    ‘~
    day of
    /)-~
    ,
    1981 by a vote of
    ~‘°~-~
    ____—.
    Christan L.
    Moff”et~/1iClerk
    Illinois Pollutio~iit~ontrolBoard
    41—307

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