ILLINOIS POLLUTION
CONTROL BOARD
January 8, 1981
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
P~B79—136
)
VILLAGE OF GLEN CARBON,
)
a Municipal Corporation,
)
)
Respondent.
MR. VINCENT MORETH,
ASS ISTANT ATTORNEY
GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
MR.
JOSEPH
KELLEHER, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
RESPONDENT.
OPINION AND ORDER OF THE BOARD (by N.E.Werner):
This matter comes before the Board on the July 3, 1979 Complaint
brought by the Illinois Environmental Protection Agency (‘Agency’).
On August 5, 1980, the Agency filed its Motion for Leave to File an
Amended Complaint and the Amended Complaint.
The Village of Glen Carbon (the ‘Village’) is located in
Madison County, Illinois and has a population of approximately
3,100 individuals
•
The Respondent owns and operates 3 wastewater
treatment facilities: (1) the West Treatment Plant; (2) the
Cottonwood Station Treatment Plant, and (3) the Glen Crossing Treat-
ment Plant. (See: Exhibits A, B, and C). The effluent from the
Respondent’s three wastewater treatment plants is discharged into
an
unnamed
stream tributary to Judy’s
Branch, a navigable water of
the State of Illinois. (Stip. 3).
Count I of the Amended Complaint alleged that the Respondent
failed to take samples of influent and effluent at the West Treat-
ment Plant from January 31, 1978 until August 5, 1980 and failed
to
submit
discharge monitoring reports
to the Agency for the West
Treatment
Plant from July, 1977 to March, 1979 in violation of its
NPDES Permit No. IL 0047881, Rules 501 and 901 of Chapter 3: Water
Pollution Control Regulations (‘Chapter 3’), and Sections 121 12(a)
and 12(f) of the Illinois Environmental Protection Act (‘Act
).
Count II alleged that the Village failed to take the required
samples of influent and effluent at the Cottonwood Station
Treatment
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Plant from January 31, 1978 to June, 1979 and failed to submit the
necessary discharge monitoring reports to the Agency for the Cotton-
wood Station Treatment Plant from November, 1977 to March, 1979 in
violation of its NPDES Permit No. IL 0048356, Rules 501 and 901 of
Chapter 3, and Section 12 of the Act.
Count III alleged that the Respondent failed to take samples
of influent and effluent at the Glen Crossing Treatment Plant from
January 31, 1978 to June, 1979 and failed to submit discharge
monitoring reports to the Agency for the Glen Crossing Treatment
Plant from August, 1977 to May, 1979 in violation of its NPDES Permit
No. IL 0047848, Rules 501 and 901 of Chapter 3, and Section 12 of
the Act.
Count IV alleged that the Village~sWest Treatment Plant
discharged effluent containing excessive levels of total suspended
solids and fecal coliform in violation of its NPDES Permit No.
IL 0047881, Rules 401(c), 405, 410(a), and 901 of Chapter 3, and
Section 12 of the Act.
Count V alleged that the Respondent~s Cottonwood Station
Treatment Plant discharged effluent which contained excessive levels
of BOD5, suspended solids, fecal coliform; that the pH level was
outside the range specified in its NPDES Permit in violation of its
NPDES Permit No. IL 0048356, Rules 401(c), 404(c), 405, 410 and 901
of Chapter 3, and Section 12 of the Act.
Count VI alleged that the Villag&s Glen Crossing Treatment
Plant discharged effluents containing excessive levels of fecal
coliform in excess of the standards set in its NPDES Permit in
violation of its NPDES Permit No, IL 0047848, Rules 401(c), 405,
410(a) and 901 of Chapter 3 and Section 12 of the Act.
Count VII alleged that the Respondent~s West Treatment Plant
was not operated as efficiently as possible in that: (1) there was
inadequate operating staff; (2) “the elapsed time meters at the
main plant lift station have been out of service”; (3) there was
no emergency alarm system for the plant; (4) “the surface skimmer
has been inoperable”; (5) “the outer rim of the center skimming
well has been skewed”; (6) “the nozzles of the plant air liner
have been plugged or off the liner completely”; and (7) “the planL
is in need of sludge wasting and disposal”; thereby violating its
NPDES Permit No, IL 0047881, Rule 901 of Chapter 3 and Section 12
of the Act.
Count VIII alleged that the Respondent “failed to operate the
Cottonwood Station Treatment Plant as efficiently as possible in
that, among other things, pumps at the plant’s Singer Creek lift
station do not alternate automatically, the plant’s force main has
leaked raw sewage prior to entry into the treatment plant, the
plant has not had a device to measure sludge retainment rate into
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the plant, the plant’s skimmer
pontoon
in the treatment plant’s
clarifier
has leaked,
the plant’s aerobic digester has not been in
service, and the main air header has leaked” in violation of its
NPDES Permit No. IL 0048356, Rule 901 of Chapter 3 and Section 12
of the
Act.
Count IX alleged that the Respondent failed to operate the
Glen
Crossing Treatment Plant as efficiently as possible and with
an adequate operating staff and that: (1) “the alarm system at the
Canterberry Manor lift station has been out of service”; (2) “there
has been no alarm system at the Bollinger Street lift station”; and
(3) “the plant is in need of sludge wasting and disposal” in
violation of its NPDES Permit No. IL 0047848, Rule 901, Chapter 3
and Section 12 of the Act.
Count X alleged that the Respondent improperly operated and
maintained West Treatment Plant so as to cause “the emission of
noxious odors into the outdoor atmosphere of the State of Illinois”
and to unreasonably interfere “with the enjoyment of life and
property” of neighboring residents causing
them
to
become
nauseous;
cease, avoid, or limit outdoor activity; periodically leave their
homes; refrain from using window fans; and generally attempt to
avoid or reduce their exposure to these emissions in violation of
Section 9(a) of the
Act.
A hearing
was
held on December 1, 1980 at which no
members
of
the public were present. The parties filed a Statement of
Stipulated Settlement on December 2, 1980.
The proposed settlement agreement provides that the Village
admits the allegations set forth in the Amended Complaint and agrees
to: (1) file the requisite monthly operating reports for its three
facilities; (2) promptly implement a
“program
to remove any and
all deposits of mud that have accumulated in the aeration chambers
at its West Plant”; (3) maintain an adequate operational staff at
its facilities; (4) promptly file all necessary reports as required
by the Board’s Water Pollution Control Regulations and the
Respondent’s NPDES Permits; (5) cease
and
desist from any further
violations; and (6)
pay
a stipulated penalty of $1,000.00 (in four
installments of $250.00 each). (Stip. 9—12).
The Statement of Stipulated Settlement also provides that the
Respondent has already implemented programs to correct the specified
deficiencies at its three wastewater treatment plants “and has
substantially cooperated with the Illinois EPA in an attempt to
prevent future sampling and reporting violations of the NPDES
Permits
and
the Pollution Control Board’s Rules and Regulations”.
(Stip. 9). Additionally, “after a review by Agency personnel of
the Village’s West Plant, the Agency found that the Village has
initiated maintenance operation programs to
remove
and dispose of
sludge on a continuous basis to prevent reoccurrence of the
obnoxious odor emissions”. (Stip. 9). The Agency believes that an
adequate sludge removal program “will prevent accumulation of
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sludge in the treatment plant and thus eliminate the source of the
obnoxious odor”. (Stip. 9).
At the hearing, Mr. Richard Carter, the Director of Public
Works for the Village of Glen Carbon, testified as to the correction
of various environmental problems. (R, 7—10). Mr. Lloyd Lamberton,
a certified Class 2 operator who is the Superintendent of
Wastewater Treatment Plants for the Village, testified that he
personally supervised the corrective measures pertaining to sludge
removal and indicated that the Village’s program had met with Agency
approval. (R. 11-12). Additionally, Mr. Lamberton testified that
the Village installed the requisite alarm system at an approxinate
cost of $400.00 for materials (not including labor). (R. 13).
Moreover, the Village introduced financial statements into evidence
at the hearing to show that installment payments of the stipulated
penalty are appropriate in this case. (R. 4—5; See Respondent’s
Exhibits 1, 2, and 3).
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 has violated Rules 401(c),
404(c), 405, 410, 410(a), 501 and 901 of Chapter 3 and Sections 9(a),
12, 12(a) and 12(f) of the Act and orders the Village to cease and
desist from all further violations of Chapter 3 and the Act, The
13oard hereby assesses the stipulated penalty of $1,000.00 (payable
in 4 installments of $250.00 each) against the Village of Glen
Carbon,
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 Village of Glen Carbon, has violated
Rules 401(c), 404(c), 405, 410, 410(a), 501 and 901 of Chapter 3:
Water Pollution Control Regulations and Sections 9(a), 12, 12(a),
and 12(f) of the Illinois Environmental Protection Act,
2. The Respondent shall cease and desist from all further
violations.
3. The Respondent, the Village of Glen Carbon, shall, by
certified check or money order payable to the State of Illinois,
pay the stipulated penalty of $1,000.00 according to the following
schedule:
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—
$250.00 within one month of the date of this Order;
—
$250.00
within four months of the date of this Order;
-
$250.00 within seven months of the date of this Order; and
-
$250.00 within ten months of the date of this Order.
All payments shall 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 Statement of Stipulated Settlement filed on
December 2, 1980, which is incorporated by reference as if fully
set forth herein.
Chairman Dumelle concurs.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, herq~y certify that the above Opinion and Order wer~adopted
on the
8
day of
______________,
1981 by a vote of
__________
Christan L. Moffet~, erk
Illinois Pollution
rol Board
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