ILLINOIS POLLUTION CONTROL BOARD
January
8, 1981
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
)
v.
)
PCB
79—218
)
VILLAGE OF CREVE COEUR,
)
a Municipal Corporation,
)
)
Respondent.
MR.
THOMAS
R.
CHIOLA,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
MR.
MICHAEL
MATHIS,
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
October
18,
1979
Complaint
brought
by
the
Illinois
Environmental
Protection
Agency
(“Agency”).
Count
I
of
the
Complaint
alleged
that
the
Village
of
Creve
Coeur
(the
“Village”)
operated
its
municipal
sewage
treatment
facility
(the
“facility”
or
“plant”)
in
such
a
manner
as
to
violate
its
NPDES
Permit
conditions
every
month
from
December,
1977
until
August,
1979
in
that
the
Respondent
failed
to
meet
both
the
7-day
and
30—day
average
discharge
limitations
for
biochemical
oxygen
demand
and
suspended
solids
in
violation
of
its
NPDES
Permit
No.
IL
0021237,
Rule
901
of
thapter
3:
Water
Pollution
Control
Regulations (“thapter
3”)
and
Sections
12(a)
and
12(f)
of
the
Illinois Environmental Protection
Act
(“Act”).
Count II alleged that, from October 23, 1977 until October 18,
1979,
the Village failed to provide
optimum
operation and mainte-
nance of its plant (i.e., there was “cold weather malfunctioning of
flow meter”, lack of laboratory quality control, “gasification in
the grit tank,
insufficient cleaning of the grit tank”, etc.) in
violation of its NPDES Permit, Rule 901 of thapter 3 and Sections
12(a) and 12(f) of the Act.
(See: Exhibit A).
Count III alleged that, from October 23, 1977 until October 18,
1979, the Respondent failed to monitor the discharges of BOD5 and
suspended solids from its facility in violation of its NPDES Permit,
Rule 901 of thapter 3
and Sections 12(a) and 12(f) of
the Act.
A
hearing was held on November 25, 1980.
The parties filed a
Stipulation and Proposal for Settlement on
November
26, 1980.
40—233
The Village of Creve Coeur, which is
located in Tazewell
County,
Illinois, discharges wastewater from its sewage treatment
plant into the Illinois River,
Discharge monitoring reports
submitted to the Agency for the months of December,
1977 through
August, 1979 indicate that discharges from the Respondentts facility
exceeded the NPDES Permit limits for BOD5 and suspended solids.
(Stip.
3;
Exhibits 3—24).
An Agency inspection of the facility
on January
9,
1979 indicated that numerous deficiencies in the
operation and maintenance of the plant existed.
(See:
Exhibit
25).
This Agency inspection also showed “that sampling was not being
conducted on a 24—hour composite basis.”
(Stip.
4),
The Stipulation states that:
“Respondent was the subject of
a complaint in
PCB 75-402 which was characterized in the Board
opinion of February
3,
1977 as “lack of maintenance
which resulted in
the
discharge of improperly treated
wastewater into the Illinois River”
(opinion, p.
1).
A Proposed Compliance Schedule was incorporated as
part of the Order
in
that case.
Respondent success-
fully completed all portions
of
the compliance
program by the date of filing
of
the present complaint.
The present complaint, however, has alleged violatiori~
other than those previously cited and the proposal for
settlement in
this
case goes beyond the past compliance
schedule,”
(Stip.
4),
The parties have also stipulated that “the ultimate solution
to the problem of discharges in excess of Respondent~spermit
limits is through addition of new sewage treatment facilities,”
(Stip.
5).
To accomplish
this purpose,
the Agency has offered
the Village of Creve Coeur “a conditional
grant for construction
of a regional plant with
the Village of Marquette
Heights.”
(Stip.
5).
Both the
Respondent
and
the Village of
Marquette Heights
plan to engage
in cooperative
plans for the plant in
the near future.
The proposed
settlement agreement
provides
that the
Village
admits the violations
alleged
in the Complaint and agrees
to:
(1)
meet specified
effluent
limitations
for
BODç
and
total
suspended
solids;
(2)
inspect
the lift stations
on
a daiTy
basis and
maintain
an adequate spare parts inventory
for
its lift stations and
chlorinator unit;
(3) regularly test
for BOD5 and total sus~-
pended solids;
(4)
“have
the grit
chamber cleaned at least once
every month or when
the
chamber
is
filled
to
25—33
of its volume
capacity, whichever occurs
first”;
(5)
buy additional sections
of hose to facilitate the use
of
a portable sludge pump in case of
malfunction of the stationary pump;
(6)
employ a sufficient
operating staff to properly run the plant;
(7)
maintain the
schedule for completion of
its
grants project;
and
(8) pay a
stipulated penalty of $5,000.00
.
(Stip.
5-8).
Additionally, the
Agency has agreed to modify the Respondent~sNPDES Permit to allow
time composited samples.
(Stip,
6).
40—234
—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 its NPDES
Permit, Rule 901 of
Chapter
3:
Water Pollution
Control Regulations,
and Sections 12(a) and 12(f)
of the Act.
The Board orders the
Respondent to comply with the terms and conditions of the proposed
settlement agreement
and hereby assesses the $5,000.00
stipulated
penalty against the Respondent,
This Opinion constitutes
the Board~sfindings 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 Creve Coeur, has violated
Rule 901 of Chapter
3:
Water Pollution Control
Regulations
and
Sections 12(a)
and 12(f)
of the Illinois Environmental
Protection
Act.
2.
Within
45 days
of
the
date
of
this
Order,
the
Village
of
Creve Coeur shall,
by
certified check or money order
payable to the
State of Illinois,
pay the stipulated penalty of
$5,000.00 which
is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
3,
The
Respondent shall comply with all the terms
and
conditions of
the
Stipulation and Proposal for
Settlement filed on
November 26,
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, hereby
certify that the above Opinion
and Order were adopted
on the ______day
of
_____,
1981
by
a
vote
of
~fl
C~anL.Moett,~,~~k
Illinois
Pollution Con
ol Board
40—235