ILLINOIS POLLUTION CONTROL BOARD
    March 1
    ,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—282
    DONALD EDDINGTON,
    d/b/a Lincoln
    Trails Mobile Home Park,
    )
    Respondent,
    MR.
    REED W. NEUMAN,
    ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF
    THE
    COMPLAINANT.
    MR. DONALD EDDINGTON
    APPEARED pRO SE.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Board upon a complaint filed
    November
    13, 1978 by the Environmental Protection Agency
    (Agency)
    alleging violations of Respondent’s NPDES permit in violation of
    Rule 410(a) of the Chapter
    3:
    Water Pollution Regulations and
    Section 12(f)
    of the Environmental Protection Act
    (Act).
    A
    hearing was held
    in this matter on December 28, 1978 at which
    time a stipulation and proposal was submitted for Board approval.
    No testimony was given.
    The stipulation provides the following facts.
    Donald
    Eddington owns and operates the Lincoln Trails Mobile Home Park,
    (Lincoln Trails)
    located on
    R.
    R.
    #1 in Sangamon County in the
    City of Springfield, Illinois.
    Lincoln Trails at present has
    about 30-35 spaces in use,
    serving approximately eighty people.
    At this facility Respondent owns and operates a sewage treatment
    facility which
    is designed to handle approximately 8000 gpd and
    has served Lincoln Trails since at least April
    1,
    1976.
    Under Respondent’s NPDES permit No. IL-00482ll,
    Respondent’s
    facility is authorized to discharge contaminants to Hoover Branch,
    which is tributary to Sugar Creek.
    A special condition estab-
    lishes final effluent limitations
    of
    4 mg/l for BOD5 and 5 mg/l
    for suspended solids, both on a thirty day average, effective
    July
    1,
    1977.
    On at least nine occasions between October
    1, 1977
    and July
    1, 1978 Respondentt s facility exceeded the limitations
    for BOD5 and suspended solids.
    Special conditions on the permit
    also required a properly Certified Operator or Registered Engineer
    to be employed and efforts were to be made to upgrade the staff.
    To the date of the stipulation proper supervision and operation
    of the facility have not been achieved.
    33—35
    —2—
    On February 4, 1977 the Agency sent Respondent notice of
    the aforementioned violations.
    Communications between the parties
    concerning how to correct the situation did occur.
    On April
    13,
    1978 the Agency sent Respondent a compliance inquiry letter
    demanding a written response outlining any steps planned to
    correct the continuing violations, but Mr. Eddington’s response
    did not adequately address the problems and to the date of the
    stipulation violations continue.
    Respondent has made some
    attempts to upgrade the facility; however, such efforts did not
    appreciably improve effluent quality,
    Required equipment up-
    grading has not taken place.
    The parties stipulate that
    Respondent caused or allowed the violations alleged in the com-
    plaint.
    Respondent agrees to pay a penalty of $2000.
    Respondent has agreed to undertake a program to bring the
    facility into compliance.
    Steps to be taken include:
    submission
    of as—built plans for the issuance of
    a supplemental permit for
    the facility as actually built; obtaining a properly certified
    operator; installing interim control equipment, and submitting
    a schedule for making plant improvements.
    The parties submit that these efforts are technically
    practicable and economically reasonable.
    Suitability of location
    is not at issue.
    The parties agree that Respondent’s facility
    has great value to the community, but that the continued failure
    of the facility to be in compliance with the Act and all applic-
    able Rules and Regulations constitutes a potential to injure or to
    interfere with the protection of the general welfare of the
    people.
    The Board finds the stipulated agreement acceptable under
    Procedural Rule 331 and Section 33(c)
    of the Act.
    Respondent
    is found in violation of Rule 410(a)
    of Chapter 3 and Section
    12(f)
    of the Act.
    Respondent shall pay a penalty of $2000 to
    aid the enforcement of the Act.
    Respondent shall be required
    to comply with the stipulated compliance plan.
    This Opinion constitutes the Board’s findings of fact and
    conclusions
    of law in this matter.
    ORDER
    It
    is the Order
    of the Pollution Control Board that:
    1.
    Donald Eddington is found in violation of Rule 410(a)
    of Chapter 3:
    Water Pollution Regulations and
    Section 12(f)
    of the Environmental Protection Act.
    33—36
    —3—
    2.
    Respondent shall comply with the stipulated agreement
    hereby incorporated by reference as if completely set
    forth herein.
    3.
    Respondent shall pay a penalty of $2000 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, hereb~certify the above 0 inion and Order were
    adopted on the
    J
    £
    day of
    ____________
    1979 by a vote
    of
    .p
    C ristan L. Moffet
    rk
    Illinois Pollution
    rol Board
    33—3 7

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