ILLINOIS POLLUTION CONTROL BOARD

November 1, 1979

RAMON TRAVIESO,

Complainant,

v.

)

PCB 79—72

)

HIGHLAND HILLS SANITARY DISTRICT,

Respondent.

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

The Complaint in this case alleges that Respondent has

violated Rules 601(a) and 602(b) of Chapter 3: Water Pollu-

tion by failing to adequately maintain sanitary sewer lines

resulting in overflows of the sewers. Hearings were held on

July 30 and August 20, 1979 in Lombard, Illinois. Testimony

of witnesses from both parties was heard.

At the July 30 hearing it was determined that on numer-

ous occasions recorded by Complainant’s since March 4, 1979,

raw sewage was reported in Complainant’s home and yard ren-

dering the home uninhabitable and causing serious damage.

Respondent did not contest the fact that the main which ser-

vices Complainant’s home was clogged (R.128). Complainant’s

had been forced to pump raw sewage out of their home, to clear

debris from their yard and to leave their home on the recom-

mendation of the Health Department (R.39). Other testimony

indicates that neighbors have had similar problems in past

years (R.18,58), primarily during periods of rainfall. Com-

plainant had made repeated calls for assistance in alleviating

the problem and in preventing future occurrences.

A witness for Respondent stated that the sewer lines were

cleaned in March of 1978 and in May, 1979. Complainant testi-

fied that subsequent to the May 14, 1979 cleaning the problem

has not recurred (R.192). Respondent’s witness also indicated

that checks had been made to ascertain extraneous flows in the

main, that corrective steps had been undertaken to alleviate

the flows, that repairs were made on the main whenever neces-

sary and that, substantially, complaints as to flowage of

extraneous water received immediate attention (R.152—4).

Rule 601(a) of the Board’s Water Rules expressly requires

treatment works and associated facilities to be constructed

36—31

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and operated to minimize violations of applicable standards

during flooding, adverse weather, power failure, equipment

failure or maintenance. Since the overflow occurred repeated-

ly during periods of rainfall, it is clear that Respondent

has not complied with the rule in minimizing violations dur-

ing flood conditions.

Rule 602(b) of the Water Rules expressly prohibits over-

flows from sanitary sewers. Respondent admits that its sewers

overflow and that there is excessive infiltration into the

system. The Board therefore finds the Respondent in violation

of Rule 602(b) of the Board’s Water Rules.

After review of the factors in Section 33(c) of the En-

vironmental Protection Act, the Board finds that the sewage

overflow has seriously interfered with the health, general

welfare and physical property of the people. Complainant’s

home had become a dangerous source of disease—carrying bac-

teria, uninhabitable and was extensively damaged. Furthermore,

sewage systems and sewage treatment facilities are of social

and economic value only when properly functioning and when

adequately maintained.

The Board has examined the factors bearing on the tech-

nical practicability and economic reasonableness of reducing

or eliminating the overflows. A solution to the overflow

problem at Complainant’s residence must be devised to prevent

further detrimental health and economic effects.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1) Respondent has violated Rules 601(a) and 602(b) of the

Water Pollution Rules and Section 33(c) of the Environ-

mental Protection Act.

2) Respondent shall cease and desist from any further viola-

tions of Rules 601(a) and 602(b) in causing sewer backups

at Complainant’s residence within 120 days of the date

of this Order.

3) Within 90 days of the date of this Order Respondent shall

submit a compliance program to reduce excess infiltration

into the system. This program shall go to the Board and

the Illinois Environmental Protection Agency and shall

include target dates for securing federal funds, if neces-

sary. The Agency is asked to comment to the Board on

this program within 60 days after receipt. The Board

will retain jurisdiction in this matter and shall take

further action as needed.

IT IS SO ORDERED.

36—32

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—3—

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, h~r~,bycertify

pinion

,

1979and byOrdera votewere

adoptedi on the

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of

_______

Christan L. Moffett

Illinois Pollution Control Board