ILLINOIS

POLLUTION

CG~’TTROL POARD

December

4,

1980

BENJAMIN

DAUM,

Complainant,

v.

)

PCB

80—17

\TILLACE

OF ROSELLE,

Respondent.

OPINION

AtID

ORDER

OF

THE

BOARD

(by

J.D.

Bundle)

Benjamin Baum

(Mr.

Baum)

filed

a citizen’s Complaint

against

~he Village of Roselle

(Roselle)

on January 21,

1980.

alleging repeated overflows

of sewage

in violation of Rule

602(b)

of

Chapter

3:

Water Pollution.

Hearing was held on

July

1,

1980.

Testimony

of

witnesses

from

both

parties

was

heard~

Roselle objected

to the hearing being held on the

basis

that no notice of the hearing was given to Roselle by the

Board.

However, that objection was based on a riisreading

of Procedural

Rule 306(h),

and the Board

finds

that the hearing

was properly held

in that notice was given in timely fashion

by the Hearing Officer

(R.6—7).

The testimony at the hearing makes it clear that on

numerous occasions since September 13,

1978,

raw sewage has

backed up into the homes of Mr. Baum

and

others and has also

flooded

streets and yards

(R~9—11,28—9, and 52—3).

There

was testimony of “numerous”

floods which occur “almost on

every occasion it rains”

(R.51),

Local residents have had

to install

standpipes

in their basements as high as six feet

(R.23,29-30 and 35),

hut that has not provided a full solution

to the problem

(P.23 and 36-7).

Some residents can no longer

use basement facilities

(P.29—30 and 46~-7),

One resident has

twice

been

unable

to

reach

his house because of surface flooding

of raw sewage

(R.53).

These overflows are not disputed by

Roselle.

“Trouble

Reports”

were entered into evidence concerning flooding on

September

13,17

and 28,

1978; May 26 and

September 27,

1979;

and February 25—28,

1980

(P.74—80 and Resp.

Ex.A—G).

The problems with the Roselle system fall into three

areas~

excess infiltration and inflow

(P.33),

lift station

failures (P.29),

and blockages in the sewer lines

(R.64).

40—45

---

John LaRocca,

an Operator of the Roselie Treatment

Plant,

testified that normal dry weather flow for the plant

is

1 million gallons per day (gpd) while the wet weather

~low

is 8—12 million gpd (P.92—3).

James

Ford,

a Wastewater

Supervisor testified that this was a result of “rainfall,

inflow and infiltration,

illegal downspouts,

illegal

suno

pumps”

(P.95)

Robert Siel testified that

“

a couple of years ago or

possibly longer,

the

Village

of

Poselle

entered into

a malor

study of its sanitary sewer system

in coniunction with

the

villages of Bloominadale and Glendale Heights under a federal

grant program to determine the extent and the cause of

infi.tr~~tzionand inflow”

(P.66).

Based upon the

report Poselle

will

he able to begin corrective action

(P.66—7).

After review of the factors

in Section 33(c)

of the

Fnvironmentai Protection Act, the Board finds that the sewage

overflow has seriously interfered with the health,

general

welfare and physical property of the people.

Furthermore,

sewage systems are only of social and economic value when

properly functioning and adequately maintained,

The Trouble

Reports show that Roselle employees responded to these problems

in a reasonably prompt manner given the equipment and personnel

available.

However, the residents of the area should not be

suhiectod to such repeated flooding.

These reports clearly

establish that overflows have occurred,

The Board,

therefore,

finds that Roselle has violated Rule 602(h) which proserihes

such overflows,

The Board has examined the technical practicability and

economic reasonableness

of reducing or eliminating the overflows.

A solution to the overflow problem and the failure of the

lift station to operate

and,

if possible,

to reduce the blockages,

must he devised to prevent further detrimental economic and

health effects,

Roselle must expeditiously pursue a permanant

solution to the problem through

its efforts in obtaining monies

for the improvement of its sewage system and facilities

to meet

current standards,

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

1.

The Village of Roselle has violated Rule 602(h)

of the Water Pollution Rules,

2.

The Village of Poselle

shall cease and desist from

any further violations of Rule 602(h).

40~-46

---

3.

Within 90 days of the date of this Order, the Village

of Roselle shall submit to the Agency a plan to

minimize overflows as soon as possible through the

utilization of bypasses and relief connections, the

acquisition of a spare pump, the acquisition of standby

power system for the lift station, the reduction of

infiltration and inflow,

and any other effective means.

A description of the work to be performed, an estimate

of its cost, and a schedule for completion shall he

included in the plan.

Within 30 days of the date the

plan is submitted

the Agency shall respond as to its

approval or disapproval of it.

The Board will retain

lurisdiction in this matter until

a plan is deemed

acceptable by the Board.

4.

The Village of Roselle shall expeditiously pursue

5.

IT IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that t

above Opinion and Order

was adopted on the

1/”~”

day of

—

,

of

christan L. ~1o

Illinois Pollution Control Board

40—47