ILLINOIS POLLUTION CONTROL BOARD
November 29, 1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 79-68
MARYVILLE COLONIAL NURSING
HOME,
INC.,
)
Respondent.
MR. BRIAN E
.
REYNOLDS, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
MR. GEORGE B. FORNESS
AND
MRS. JANE FORNESS APPEARED ON BEHALF
OF THE RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the March 27,
1979 Complaint
brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that,
from September 19,
1978 until
September 22, 1978, the Respondent allowed discharges of effluents from
its wastewater treatment facility in excess of
5 times the numerical
standards for BOD5 and suspended solids set forth in Rule 404(f)
of
Chapter
3:
Water Pollution Control Regulations
(“Chapter
3”), thereby
violating Rule 401(c) of Chapter
3 and Section 12(a)
of the Illinois
Environmental Protection Act
(“Act”).
Count II alleged that,
from
September
19,
1978 until September 22,
1978,
the Respondent allowed
the discharges of effluents from its facility in excess of
5 times the
numerical standards for fecal coliform set forth in Rule 405 of
Chapter
3, thereby violating Rule 401(c)
of Chapter
3 and Section 12(a)
of the Act.
Count III alleged that, from September 28, 1978 until the
date of filing of the Complaint, the Respondent allowed the discharges
of effluents containing BOD5 in excess of the limitations contained in
its NPDES Permit in violation of Rule 410(a) of Chapter
3 and Section
12(f) of the Act.
Count IV alleged that, from September 28, 1978 until
the date of filing of the Complaint, the Respondent allowed the dis-
charge of effluents containing suspended solids in excess of the limita-
tions contained in its NPDES Permit in violation of Rule 410(a) of
Chapter
3 and Section 12(f) of the Act.
A hearing was held on
October
9,
1979.
The parties filed a Stipulation and Proposal for
Settlement on November 6,
1979.
The Respondent, Maryville Colonial Nursing Home,
Inc.,
is an
Illinois corporation which owns and operates a wastewater treatment
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facility at its nursing home in Collinsville Township, Madison County,
Illinois.
The wastewater treatment plant, which has been in operation
since 1969, discharges contaminants pursuant to its NPDES Permit to an
unnamed tributary to the Schoolhouse Branch of Cahokia Creek.
On September
15,
1977, the Board granted the nursing home a one
year variance from the requirements of Rules 203(f), 402,
and 404 of
the Board’s Water Pollution Control Regulations to allow the petitioner
time to upgrade its existing plant or divert its effluent to the Mary-
yule Interceptor.
(See: PCB 77—151).
The variance in PCB 77-151
expired on September
15,
1978.
On September 24,
1978, Mr. George
Forness became the owner of Maryville Colonial Nursing Home,
Inc.
through the purchase of its stock.
(Stip.
4).
Subsequently, the
Respondent agreed to abandon the wastewater treatment plant at the
nursing home and to connect with the existing sanitary sewer serving
the St. John Neumann School.
The Respondent has conducted extensive
negotiations with the Roman Catholic Bishop of the Diocese of Spring-
field, Illinois for the right to connect with the sanitary sewer
system and an initial agreement to this effect between the Diocese and
the nursing home was reached on September 5, 1979.
(Stip.
4).
The proposed settlement agreement provides that the Respondent
admits the allegations charged in the Complaint and agrees to:
(1)
cease and desist from further violations;
(2)
abandon its waste-
water treatment facility on, or before, December 15,
1979;
(3)
connect
to the existing sanitary sewer system serving the St. John Neumann
School
(pursuant to detailed engineering plans and specifications);
and
(4) pay a stipulated penalty of $1,000.00.
Additionally, the parties
have stipulated that the December 15, 1979 wastewater treatment plant
abandonment deadline will be excused if the Respondent is unable to
meet this deadline due to circumstances beyond its control
(such as
labor walkouts).
(Stip.
6).
In evaluating this enforcement action and proposed settlement, the
Board has taken into consideration all the facts and circumstances in
light of the specific criteria delineated in Section 33(c)
of the
Illinois Environmental Protection Act.
The Board finds the stipulated
agreement acceptable under Procedural Rule 331 and Section 33(c)
of the
Act.
The Board finds that the Respondent, Maryville Colonial Nursing
Home, Inc., has violated Rules 401(c)
and 410(a) of Chapter
3:
Water
Pollution Control Regulations and Sections 12(a)
and 12(f)
of the Act
and orders the Respondent to cease and desist from further violations.
The Respondent is hereby directed to follow the compliance program set
forth in the Stipulation and Proposal for Settlement.
The stipulated
penalty of $1,000.00 is hereby assessed against the Respondent.
This Opinion constitutes the Board’s findings of fact and conclu-
sions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that:
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1.
The Respondent, Maryville Colonial Nursing Home,
Inc., has
violated Rules
401(c) and 410(a)
of Chapter
3:
Water Pollution Control
Regulations and
Sections
12(a) and 12(f)
of the 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
$1,000.00 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 November 6, 1979,
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
_________________,
1979 by a vote of
4/~O
~sta~.Mof,clerr~
Illinois Pollution Control Board
36—169