ILLINOIS POLLUTION CONTROL BOARD
February 17,
1982
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
v.
)
PCB 78—88 and
PCB 78—225
SUNDALE SEWER CORPORATION,
)
an Illinois corporation,
)
Consolidated
Respondent.
MR. VINCENT W.
MORETH, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
MR. RONALD
L.
KEYSER, ELLIFF, KEYSER & HALLBERG, APPEARED ON
BEHALF OF THE RESPONDENT.
OPINION AND
ORDER
OF THE
BOARD
(by I. Goodman):
This matter comes before the Board on the March 21,
1978
Complaint in PCB 78-88 brought by the Illinois Environmental
Protection Agency
(“Agency”).
The Complaint alleges that,
during
various specified time periods between 1976 and 1978,
the Respon-
dent, the Sundale Sewer Corporation
(“Sundale”),
operated its
sewage treatment plant which services the Robindale Subdivision
near Washington, Tazewell County,
Illinois
(“Robindale STP”),
in
such a manner as to:
(1) discharge effluents which contained
excessive levels of five—day biochemical oxygen demand
(“BODç”),
suspended solids,
fecal coliform, ammonia nitrogen, color,
odor,
and turbidity;
(2)
emit odors which unreasonably interfered
with the enjoyment of life and property by neighboring residents;
(3)
fail to submit the requisite annual discharge monitoring
report to the Agency,
and
(4) discharge effluents at the top of
a bluff and allow it to flow by natural drainage through Farmdale
Park where it formed pools in a picnic area in violation of the
terms and conditions of NPDES Permit No.
IL 0038547 and Operating
Permit No.
1975—NP—2592—OP; Rules 203(f),
401(c),
402,
403,
404(f)*,
and 405 of Chapter
3:
Water Pollution Regulations
(“Chapter 3”),
and Sections
9(a),
12(a) and 12(b)
of the Illinois Environmental
Protection Act
(“Act”).
*The Board notes that, on May
1,
1980, the Board entered an
Order which deleted Rule 404(f) from Chapter 3.
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—2—
On April
19, 1978,
the Agency filed
a Motion for Leave
to
Amend
its Complaint and an Amended Complaint in PCB 78-88 which
corrected some minor typographical errors in the original Complaint.
On April 27,
1978,
the Board entered an Order granting the Agency’s
Motion for Leave to file its Amended Complaint
in PCB 78-88.
Similarly, on August 18,
1978,
the Agency filed a Complaint
in PCB 78—225 against the same Respondent pertaining to Sundale’s
operation of its sewage treatment plant near Washington,
Tazewell
County,
Illinois which services the Highland Hills Subdivision
(“Highland Hills STP”).
The Complaint in PCB 78—225 alleged that,
on various
occasions between 1972 and 1978, the Respondent operated the
Highland Hills
STP so as to:
(1) discharge effluents which
contained excesEive levels
of, BOD5,
suspended solids,
fecal
coliform, ammonia nitrogen, sludge solids,
color,
odor, and
turbidity,
and’cause excessive levels
of unnatural deposits,
plant and algal ‘growth,
and unnatural color in Fondulac Creek
and
(2)
fail toprovide the requisite sewage flow measurement
device in violation of Rules
203(a),
203(f),
401, 402,
403,
404(f),
405 and 502 of Chapter
3 and Section 12(a) of the
Act.
On September 1,
1978,
the Agency
filed a Motion to Consolidate
Proceedings
in PCB 78—88 and PCB 78—225.
On September 21, 1978,
the Board entered an Order consolidating these two cases.
The initial hearing on the consolidated cases was held on
February
8,
1979.
The parties filed a Stipulation and Proposal
for Settlement on March
2,
1979.
On July
12,
1979, the Board
adopted an Interim Order which rejected the Stipulation and
Proposal for Settlement because it provided for contingent and
suspended penalties.
On August 23,
1979, the Agency filed a motion which requested
that the Board reconsider its interim decision.
However, on
September 20,
1979,
the Board entered an Order which affirmed its
Interim Order of July 12,
1979.
On July 23,
1981,
the Board entered an Order which attempted
to expedite proceedings
in this enforcement action.
A second
hearing on the consolidated cases was held on September 18,
1981
and continued,
by joint request of the parties, until November
13,
1981.
On November 13,
1981, the third and final hearing was
held at which a new Stipulation and Proposal for Settlement was
admitted into evidence.
The parties filed this new Stipulation
and Proposal for Settlement on December
1,
1981.
The Robindale STP, which includes two aerated lagoons that
are within 200 feet of nearby homes, was designed to handle
a
waste flow of
85,000 gpd. and discharge through drainage into
Farm Creek,
an Illinois water which has
a 7—day,
10—year
low
flow of 0.0 cfs.
(Stip..
3).
It
is stipulated that “discharges
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from the Robindale STP flowed by natural drainage through
Farmdale Park, where
pools would often
form in a picnic area”.
(Stip. 3).
Farmdale Park was subsequently closed by the Tazewell
County Board because of insufficient funds
for park maintenance
and upkeep.
(Stip.
3).
Significant odor problems have occurred
in the Robindale Subdivision during the time period between 1976
and 1978 because of lack of proper maintenance
at the Robindale
STP which resulted in anaerobic lagoons, reductions
in effluent
quality, and odor-related complaints to the Agency from several
nearby residents.
(Stip.
3).
The
Highland Hills STP, which includes “an lmhoff tank,
a
dosing tank equipped with two siphons,
and two intermittent sand
filters”, was designed to handle
a. waste flow of 53,000 gpd. and
discharge into Fondulac Creek,
a stream tributary to Farm Creek.
(Stip.
3).
The 7—day, 10—year flow of Foundulac Creek is 0.0
cfs.
The Highland Hills STP is located
in a relatively isolated
area away from most nearby homes and the area around this facility
has been used by residents as a public park.
(Stip.
3-4).
A
lack of adequate maintenance at the Highland Hills STP resulted
in progressive deterioration of effluent quality, water quality
violations,
and several odor—related complaints to the Agency
during the time period between 1976 and 1978.
(Stip.
4).
Agency inspections of both the Robindale STP and the Highland
Hills STP have indicated that effluent and water quality violations
have occurred on numerous occasions.
However, past attempts to
have the Respondent rectify matters have proven ineffective, as
Sundale Sewer Corporation’s financial difficulties have apparently
precluded the financing of the required improvements.
(Stip.
4).
Although Sundale has contended that financial difficulties,
especially the low sewer rates, have made it difficult to prevent
the two sewage treatment facilities from deteriorating, the
Respondent has now agreed to inaugurate
a program of interim
control measures and long—term improvements to correct various
violations and alleviate any further problems.
(Stip.
8).
The proposed settlement agreement provides that the Respondent
admits the alleged violations and agrees to:
(1)
cease and desist
from further violations;
(2)
follow a detailed compliance program
which sets forth specific measures
to correct all environmental
problems;
(3) adopt interim control measures at both sites such as
the requisite monitoring of effluent and the submission of the
necessary discharge monitoring reports in accord with its NPDES
Permit;
and
(4)
pay
a stipulated penalty of $2,000.00
(in two
semi—annual installments of $1,000.00 each).
(Stip. 9—11).
The parties have also indicated that the Respondent has
already phased-out the Robiridale STP and constructed a new lift
station to transfer the loading to another plant owned by the
Respondent.
Moreover, the Illinois Commerce Commission granted
a rate increase for the Robindale system and financing has already
been obtained.
(Stip.
9).
45—379
—4—
Accordingly, the compliance plan mandates that Sundale will
promptly:
(1)
submit an application to the Agency for a supple-
mental
“as built” permit;
(2)
submit an engineering study to the
Agency “which will determine what improvements are needed to
eliminate discharges of raw sewage from the Summit Road Lift
Station and bring the lift station into compliance”;
(3)
submit
the requisite plan detailing how the engineering study’s recommend-
ations can be implemented and funded;
(4)
apply for all necessary
permits for construction of needed improvements and apply to the
Illinois Commerce Commission for a rate increase to cover the cost
of these improvements, and
(5) complete the construction of the
improvements within one year from the date that the rate increase,
if any, becomes effective.
(Stip.
9—10).
Additionally,
the
Respondent has agreed to complete the Highland Hills STP in
accordance with Permit No.
1980 AB-700 issued by the Agency on
May
30,
1980.
(Stip.
11).
The Board finds that the Respondent, the Sundale Sewer
Corporation, has violated Rules 203(a),
203(f),
401(c),
402,
403,
405 and 502 of Chapter 3:
Water Pollution Regulations and
Sections
9(a),
12(a), and 12(b)
of the Illinois
Environmental
Protection Act.
The Respondent will be ordered to cease and
desist from further violations,
follow the specified compliance
plan, and pay the stipulated penalty of $2,000.00 in two equal
semi-annual payments of $1,000.00 each.
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 Sundale Sewer Corporation, has
violated Rules 203(a),
203(f),
401(c),
402,
403,
405 and 502 of
Chapter
3:
Water Pollution Regulations and Sections 9(a),
12(a)
and 12
(b) of the Illinois Environmental Protection Act.
2.
The Respondent shall cease and desist from further
violations.
3.
Within
6 months of the date of this Order,
the
Respondent shall, by certified check or money order payable to
the State of Illinois, pay the first installment of $1,000.00
on the stipulated penalty of $2,000.00
(and subsequently pay
the second installment of $1,000.00 within
6 months thereafter,
so that the entire penalty of $2,000.00 shall be paid in full),
45—380
—5—
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
on December 1,
1981, which is incorporated by reference as
if
fully
set forth herein.
5.
The Board shall retain jurisdiction in this matter to
determine any conflicts that may arise under the terms of the
Stipulation.
I,
Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, here~rcertify th t the above Opinion and Order were adopted
on
/7
day of
,
1982 by a vote of
Christan
L.
Moffft
,
Clerk
Illinois Pollution
ontrol Board
45—381