ILLI’JOIS POLLUTION CONTROL BOARD
June
22, 1979
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—230
EAST LYNN COMMUNITY WATER SYSTEM,
INC.,
Respondent.
William Blakney, Assistant Attorney General, appeared on behalf
of the Complainant;
No one appeared
as official representative of the Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board on a Complaint filed on
August
23, 1978, against the East Lynn Community Water System,
Inc.
alleging violations of the NPDES permit provisions of the
Environmental Protection Act and Chapter
3:
Water Pollution
Regulations.
The Complaint alleged that the Respondent dis-
charged contaminants including iron and suspended solids without
an NPDES permit
in violation of Section 12(f)
of the Act and
Rules
901 and 902(e) of Chapter
3.
A hearing was held in Hoopeston,
Illinois on February
28,
1979.
While no one appeared as official representative of the
Respondent,
Mr. Thomas McConnell and Mr. Stanley Steiner were
present at the hearing
to present testimony and cross—examine
the Agency witness.
At the beginning of the hearing,
the
Complainant submitted evidence that the Respondent was served
with a Request for Admission of
Fact and Genuineness of Documents
but failed to respond within the
20 days required under Procedural
Rule 314(c)
nor on any occasion prior
to the hearing.
Since the
Respondent failed to comply with a response in the time allotted,
each matter of fact and the genuineness of the document will be
deemed admitted for the purposes of this enforcement action.
(Exh,
1)
The Respondent, East Lynn Community Water System,
Inc.,
owns and operates a public water supply which serves approximately
145 people in the Village of East Lynn.
The East Lynn water
supply maintains
a well package treatment plant consisting of
filters to remove iron and manganese and the equipment necessary
34—6 7
—2—
to add fluoride and chlorine
to the water before entering the
Village distribution system.
Backwash generated from cleaning
the iron filters
is collected in a settling tank and then dis-
charged to an intermittent stream upstream from the Kankakee
River.
CR.
9,
30,
33—34,
41)
Mr. Cecil Van Etten, Manager of Public Water Supplies for
Region VI,
Illinois, testified that the East Lynn water supply
was without an NPDES permit from October, 1977,
until the date
of this Complaint.
Since then, the Respondent has applied for
and was issued an NPDES permit on January
3,
1979,
to be
effective February
2,
1970.
Mr. Van Etten stated that the
East Lynn permit conforms to all Illinois EPA standards and
requirements.
(R.
7,
8-10,
38)
In view of
this evidence and the numerous admissions
in
the record,
the Board finds the East Lynn Community Water Supply,
Inc.
in violation of Section
12(f)
of the Act and Rules
901 and
902(e)
of Chapter
3, for discharging contaminants
to Illinois
waters without an NPDES permit.
In mitigation, Mr. Thomas McConnell testified that the
supply did not think that
a permit was required because it
was not “a mining or manufacturing operation.”
Mr. McConnell
stated that the water supply retained this position despite
letters of notice
From the IEPA stating that an NPDES permit
was required.
The r?cord
is clear;
the East Lynn Community
Water System,
Inc.
did not apply for a permit until after this
enforcement action was filed with the Board.
(R.
21—23)
In considering the Section
33(c)
factors of the Act, the
Board does not question the social and economic value or the
suitability of the public water supply system which serves the
East Lynn community.
The Board is, however, concerned about
Respondent’s failure
to apply for
an NPDES permit before the
filing of this Complaint,
a procedure which was technically
feasible and economically reasonable for the Respondent.
While some mitigation
is justified because of Respondent’s
financial problems,
such conditions will not justify Respondent’s
failure to obtain the necessary NPDES permit when required.
Under these circumstances,
the Respondent will be assessed a
$100.00 penalty as
a minimum necessary in this case
to aid in
the enforcement of the Act and to discourage and eliminate
future failures
to comply with the permit requirements of this
State,
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
34—68
—3—
ORDER
1.
Respondent, East Lynn Community Water System,
Inc.
,
is
found to have discharged contaminants
to Illinois waters without
an NPDES permit
in violation of Section
12(f)
of
the Environmental
Protection Act and Rules 901 and 902(e)
of Chapter
3:
Water
Pollution Regulations.
2.
Respondent, East Lynn Community Water System,
Inc., shall
cease and desist all further violations of the Act and the
Board’s regulations.
3.
Respondent, East Lynn Community Water System,
Inc.,
shall pay a penalty of $100.00
for the aforementioned violations
within 35 days of this Order.
Payment shall be by certified
check
or money order payable to:
State of Illinois
Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
IT IS SO ORDET~Er~.
Mr.
Jacob
0.
Dumelle concurred.
Mr.
Nels Werner concurred.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereb~1.~certifythe above Opinion and Order were
adopte~don the
~
day of
___________,
1979,
by
a vote
of
~O
Christan L. MoffettO~&erk
Illinois Pollution Control Board
34—69