ILLINOIS
POLLUTION CONTROL BOARD
March
1,
1979
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
v.
)
PCB 78—195
CITY OF GRANITE CITY,
a
)
municipal
corporation,
)
Respondent.
MR. JOHN VAN VRANKEN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT,
MR.
LANCE
CALLIS, ATTORNEY AT LAW, APPEARED
ON
BEHALF OF THE
RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Dr. Satchell):
This matter comes before the Board upon a complaint filed
by the Environmental Protection Agency
(Agency)
on July 27,
1978.
The complaint alleges three separate counts of violations of
standards
on the NPDES
(National Pollutant Discharge Elimination
System) permit of Respondent Granite City and consequently vio-
lations of Rules
410(a)
and 901 of the Chapter
3:
Water
Pollution Regulations
(Chapter
3)
and Section 12(f)
of the
Environmental Protection Act
(Act).
These alleged violations
include violations of the standard for biochemical oxygen demand,
violations of the standard for suspended solids and violations of
standards for iron.
A hearing was held on November 16,
1978.
Admitted into evidence were an unanswered request to admit
facts and an unanswered request to admit the genuineness of
documents
(Comp.
Ex.
1,
2).
Under the Board~sProcedural Rule
314 these
requests for admissions are deemed admitted unless
denied
within
twenty days of service.
These documents contain
information which proves the allegations of the complaint.
Respondent did not object and does not dispute that the violations
occurred; however, Respondent sets its defense in mitigating
circumstances.
Respondent has had problems with equipment at
its plant.
A portion
of
the plant has
never
been
accepted by the
City as
completed
(R.
34).
This unaccepted portion includes the bridge
collectors which are an integral part of the sludge removal and
treatment
process
(R.
20).
If these units become inoperative
the sludge is not
removed from
the tank and effluent deteriorates
33—17
—2—
and results
in suspended solids and BOD in excess of the permit
standards.
The subcontractor in charge failed to expedite the
repairs and finally refused to do any more
CR.
23).
Plant
personnel finally resolved the remaining problems.
This
explanation covers the bulk of the violations
(R.
24),
Respond-
ent asserts the July 1978 violations can be attributed to lab-
oratory error because of problems with the chlorination system
and proper measuring procedures
(R.
25,
27).
The September
violation of suspended solids was 1.4 ppm over the allowed
38 ppm for any consecutive seven days.
Respondent’s consultant,
Mr. Hailer, principal and vice-president of the firm of M. W.,
Inc. Architects—Engineers of St. Louis and Indianapolis, contends
that the 1.4 difference is not within the limits of accuracy of
running a test and is quite negligible
(R. 24).
Mr. Haller
correlated the iron violations to the suspended solids violations
(R.
30).
Mr. Haller had no explanation for the violations in
May 1978
(R,
29)
Respondent did attempt to keep the Agency informed of the
problems Granite City was having
CR.
45,
48, 51).
In fact, the
documents submitted by the Agency are Granite City’s monitoring
reports and correspondence
(Comp.
Ex.
2).
The Board finds that there is no question concerning the
existence of the violations of the NPDES permit conditions and
that these are violations of Rule 410(a)
and 901 of Chapter 3
and Section 12(f)
of the Act.
In making a final determination
of this matter the Board must consider the factors of Section
33(c)
of the Act.
While some of these factors are obvious from
the record, others are not directly addressed and are difficult
to assess.
A municipal wastewater treatment facility is clearly
of economic and social value; however, this is diminished when
it is not run properly to meet health and environmental standards.
Suitability of location is not apparently in issue.
Respondent’s
violations certainly have the potential to cause injury down-
stream from the discharge; however, just what real or potential
injury has occurred is not clear from the record.
The technical
practicability and economical reasonableness of compliance is
not in issue as Respondent has apparently corrected the causes
of the violations,
The Board has difficulty in assessing this
matter; however,
the violations do exist and must be discouraged
in the future.
Proper management and control
is mandatory for the
NPDES permit system to work.
For these reasons the Board finds
that a penalty of
$500
is necessary to aid the enforcement of
the Act.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
33—18
—3—
ORDER
It is the Order of the Pollution Control Board that:
1.
The City of Granite City is found in violation of
the suspended solids, biochemical oxygen demand
and iron standards in its NPDES permit and thereby
of Rules
410(a)
and 901 of Chapter
3:
Water Pollution
Regulations and Section 12(f)
of the Environmental
Protection Act.
2.
Respondent shall cease and desist all further
violations.
3.
Respondent shall pay a penalty of
$500
within
thirty-five days of this Order.
Payment shall be
by certified check or money order payable to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the ab ye Opinion and Order were
adopted on the
I
S~~r day of
,
1979 by a vote
of
~
~~nL.Moffe~~rk
Illinois
Pollution
rol
Board
3 3—19