ILLINOIS POLLUTION CONTROL BOARD
April 12,
1979
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
V.
)
PCB 77-17
IDLEWILD COUNTRY CLUB,
)
an Illinois not-for-profit
corporation,
Respondent.
SARI
S. ESCOVITZ, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT.
EPTON
& DRUTH, ATTORNEYS AT LAW
(ALAN
R. MILLER,
OF COUNSEL),
APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the January 17,
1977
Complaint brought by the Illinois Environmental Protection Agency
(uAgencytl).
On October 27,
1978, the Agency requested leave to
file an Amended Complaint, and the Board granted the Comp1ainar~t’s
motion on November
2,
1978.
Count
I of the Amended Complaint
alleged that,
on October 30,
1973, November
19, 1975,
and July 21,
1976,
the effluent discharged from Respondent’s sewage treatment
plant into Butterfield Creek contained fecal coliforms five times
in excess of the numerical standard prescribed in Rule 405 of
Chapter
3:
Water Pollution Regulations
(“Chapter
3”),
in
violation of Rule 401(c)
of the Board’s Water
Pollution Regulations
and Section
12(a)
of the Illinois Environmental Protection Act
(“Act”).
Count II of the Amended Complaint alleged that,
on
November 19, 1975 and July
21,
1976, the Respondent’s sewage
treatment plant discharged effluent into Butterfield Creek which
was observably murky and odorous,
in violation of Rule 403 of
Chapter
3 and Section
12(a)
of the Act.
Count III of the Amended
Complaint alleged that, on November 19,
1975,
the discharge from
Respondent’s sewage treatment plant caused Sphaerotilus
(fungus) (sic)
growths
to cover rocks sprayed with the effluent discharging into
Butterfield Creek;
and black, sludge-like material discharged from
33—3 19
—2—
the
plant was accumulated in the stream bed below the rocks, in
violation of
the water quality standard of Rule 203(a)
of
Chapter
3 and in violation of Rule 402 of the Board’s Water
Pollution Regulations.
Count IV of the Amended Complaint alleged
that,
since July 27,
1973, the Respondent operated its sewage
treatment plant without an operator certified by the Agency,
in
violation of Rule 1201 of Chapter
3 and Section 12(a)
of the Act.
Count V of the Amended Complaint alleged that, since April
7,
1972,
the Respondent
failed to submit reports of operation to the Agency,
in
violation of Rule 501 of the Board’s Water Pollution Regulations
and Section 12(a)
of the Act.
Count VI of the Amended Complaint
alleged that the Respondent discharged contaminants or pollutants
into State waters from a point source within the State without first
obtaining an NPDES permit,
in violation of Rule 901 of Chapter
3
and Section 12(f)
of the Act.
A hearing was held on February
9,
1979.
The parties filed a Stipulation and Proposal for Settlement
on March 14,
1979,
The Respondent, Idlewild Country Club
(“Idlewild”)
is a
Illinois not-for-profit corporation duly organized and existing
under the laws of the State of Illinois.
Idlewild is a private
club consisting of approximately 171 regular members.
Idlewild’s
activities are primarily seasonal and its facilities are used
mostly during the spring and summer months
(i.e., between Memorial
Day and Labor Day)
.
During the season between Memorial Day and
Labor Day,
there are approximately
75 full-time employees at
Idlewild.
During the rest of the year, there are about 13
full—time employees.
Idlewild is located in an unincorporated area of Cook County,
Illinois.
The two closest municipal limits are that of the Village
of Homewood and the Village of Flossmoor.
Since January
1,
1967,
and continuing to the present, Idlewild has owned a golf course,
restaurant, bar and grill, fast food bar, outdoor pooi, and
20—room dormitory at Dixie Highway and Holbrook Road near Flossmoor,
Cook County,
Illinois.
Idlewild has owned and operated an extended
aeration sewage treatment facility
(“facility”)
at the
above-described location since
1967.
The facility collects and
treats waste water from the Respondent’s operations.
Effluent
from the facility is discharged from a point source into
Butterfield Creek.
The dilution ratio of Butterfield Creek is
less than one to one.
The Respondent’s extended aeration sewage
treatment facility was installed in 1967 pursuant to an
Installation-Only Permit issued by the Illinois Sanitary Water
Board.
(See:
Exhibit D of the Stipulation and Proposal for
Settlement.
All exhibits in this case have been attached to, and are
incorporated by reference into,
the Stipulation and Proposal for
33—320
—3—
Settlement).
In 1967, the Respondent sent
a Letter of Notification
to the Illinois Sanitary Water Board indicating that the sewage
treatment facility was being operated.
(See: Exhibit E).
However,
the letter was improperly addressed and there is no record of its
receipt by the Illinois Sanitary Water Board,
Accordingly,
Idlewild never applied for or obtained an Operating Permit.
(Stip.
4).
Since 1975,
the Agency has sent Idlewild several notices
setting forth the NPDES permit requirements and notifying the
Respondent that it is in violation of the law.
(See: Exhibits
F,
G, and H).
In the Stipulation,
the Respondent admits that these
notices were sent in the ordinary course of business, properly
addressed with prepaid postage, but Idlewild states that it has
no record of these notices.
(Stip.
4).
Upon inquiry to the
former manager
of Idlewild at the time of the notices, the
Respondent has been informed that the manager claims no recollection
of these notices.
This manager was relieved of his position by
Idlewild in June,
1977.
(Stip.
4).
On June 28,
1977,
the
Respondent
filed an application for an NPDES permit.
(See:
Exhibits
I,
J, and K).
It is stipulated that on October 30,
1973, November 19, 1975
and July 21,
1976, Idlewild caused or allowed the discharge of
effluent into Butterfield Creek which contained fecal coliforms
five times in excess of the numerical standard prescribed in
Rule 405 of the Board’s Water Pollution Regulations.
(See:
Exhibit A).
Moreover,
on November 19, 1975 and July 21,
1976,
Idlewild discharged effluent into Butterfield Creek which was
observably murky and odorous.
(See: Exhibit B).
Additionally,
on October 19,
1975, the Respondent discharged effluent into
Butterfield Creek which caused the Creek to contain fungus
growths and black, sludge-like material.
(See: Exhibit C; Stip.
3).
The Idlewild Country Club has retained the engineering firm
of Baxter
& Woodman,
Inc.
(“B
& W”).
Mr. Walter H.
Jollie is the
professional engineer responsible for preparation of a study
entitled “Wastewater Disposal Alternatives-Idlewild Country Club”.
(“B & W Study”;
See: Exhibit L).
The parties have stipulated that
Alternative
2:
“Discharging untreated wastewater to the Village of
Flossmoor sewer system”, and Alternative
1:
“Upgrading existing
treatment plant” presented in the B
& W Study are the most
economically reasonable and technically feasible methods of
bringing Idlewild into compliance with the Board’s Water
Pollution Regulations and the Act.
(Stip.
5-6).
Idlewild has
indicated a willingness to connect to the Flossmoor sewage system,
which is included within the Metropolitan Sanitary District of
Greater Chicago.
As a condition thereof, the Village of Flossmoor
33—321
—4—
insists
upon annexation of the clubhouse building into the
Village.
(Stip.
6).
In order to connect to the Flossmoor sewage
system,
the Village of Flossmoor must approve annexation under
the
conditions preserving Idlewild’s rights to maintain its
facilities
and services.
Furthermore,
it will be necessary to
obtain a permit from the Agency,
the Department of Transportation,
and
the Metropolitan Sanitary District of Greater Chicago.
Additionally,
an easement over and through adjoining property must
be obtained
in order to reach the Flossmoor sewer.
Idlewild has
attempted to meet the conditions necessary for connecting to
Flossmoor and is continuing in its efforts.
However, ultimate
connection to the Village of Flossmoor’s sewage system is
dependent,
in part,
upon matters outside of Idlewild’s control.
(Stip.
6).
By connecting to the Flossmoor sewage system, Idlewild will
incur expenses including engineering and construction costs,
acquisition of easement costs, and related expenses.
Permanent
expenses will include tax liability for the clubhouse being
incorporated within the Metropolitan Sanitary District of Greater
Chicago and the Village of Flossmoor, utility tax imposed by the
Village of Flossmoor,
and license fees.
In exchange,
the benefits
to
Idlewild from annexing to Flossmoor and connecting to its sewer
system
include all Village services, such as those of Flossmoor’s
police
and fire departments, possible insurance savings
as a result
thereof, and a savings of $450.00 per month which
is currently being
paid by Idlewild to Donald Hoekstra, the operator of its facility.
(Stip.
6-7).
An operator will not be required when Idlewild’s
untreated wastewater
is discharged into Flossmoor’s system.
Idlewild will also be relieved from its present outside user’s
charges for fire services.
(See: Exhibit M; Stip.
7).
The proposed settlement agreement provides that the Respondent,
the Idlewild Country Club,
shall promptly:
(1)
commence an
interim remedial program to upgrade its existing waste water
treatment plant
(the
“facility”)
to improve effluent quality;
(2) begin to implement the specific requirements of the
Metropolitan Sanitary District of Greater Chicago
(“MSDGC”) for
connection to their system;
(3) petition to annex its clubhouse
to
the
Village of Flossmoor pursuant to a pre—annexation agreement;
(4) request legislation incorporating its clubhouse within the
MSDGC;
(5) prepare engineering plans for the disposition of the
settling pond upon completion of the connection to the Village of
Flossmoor;
(6)
post a performance bond of $20,000; and
(7) pay a
stipulated penalty of $1,000
.
Moreover, the Stipulation and
Proposal for Settlement includes detailed provisions pertaining to
the requisite steps which the Respondent shall take within sixty
days of
annexation to the Village of Flossmoor and incorporation
into the MSDGC
(these specific terms and conditions are delineated
in the
Board’s Order).
33—32 2
—5—
In evaluating this enforcement action and proposed
settlement,
the Board has taken into consideration all the facts
and circumstances in light of the specific criteria delineated
in
Section 33(c)
of the Illinois Environmental Protection Act.
The
Board finds the stipulated agreement acceptable under Procedural
Rule 331 and Section 33(c)
of the Act.
The Board finds that the
Respondent,
the Idlewild Country Club, has violated Rules
203(a),
401(c), 402,
403,
405,
501 and 901 of Chapter
3:
Water Pollution
Regulations and Section 12(a)
and Section
12(f)
of the Act.
Accordingly,
the Respondent shall pay the stipulated penalty of
$1,000
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 has violated Rules 203(a),
401(c),
402,
403,
405,
501, and 901 of Chapter
3:
Water Pollution Regulations
and Section
12(a)
and Section 12(f)
of the Act.
2.
Within
30 days of the date of this Order,
the Respondent
shall post a performance bond in the amount of $20,000
to assure
completion of Alternative
1 or
2 of the Baxter
& Woodman,
Inc.
engineering study
(“B & N Study”).
3.
Within
30 days of the date of this Order,
the Respondent
shall pay the stipulated penalty of $1,000
.
Payment shall be by
certified check or money order payable to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
4.
Within 30 days of the date of this Order, the Respondent
shall:
A.
Commence an interim remedial program to upgrade
the existing waste water treatment plant
(the
“facility”)
to improve effluent quality.
B.
Commence to implement the requirements of the
Metropolitan Sanitary District of Greater Chicago
(“MSDGC”)
for connection to their system which
includes,
among other things,
the following:
33—323
—
6
a.
Eliminate all sources of inflow such as
downspouts from roof drains,
footing
drains, sump pumps, and contributions
from other surface runoff.
b.
Inspect and seal off manhole covers to
eliminate seepage of storm water.
c.
Smoke test the existing sewer system for
sources of infiltration.
d.
Install a flow meter on influent to the sewage
treatment plant.
C.
Petition to annex its clubhouse to the Village of
Flossmoor pursuant to a pre—annexation agreement
preserving Idlewild’s right to maintain present
facilities and operations.
D.
Request legislation incorporating its clubhouse
within the MSDGC.
E.
Prepare engineering plans for the disposition of
the settling pond upon completion of the connection
to Flossmoor, and a contingency plan to upgrade or
modify the use of the settling pond in conjunction
with the continued use of the facility.
F.
Perform an engineering study to determine the
technical feasibility of providing flow equalization
of effluent to the facility.
G.
Maintain a bound log for documentation of the time
of the certified operator’s attendance at the
facility.
At a minimum the following information
shall be included:
a.
Time of arrival and departure, and date.
b.
Note of observation including, but not
limited to, visual inspections of plant
operations and appearance of effluent.
c.
Activities performed while on premise.
33—324
—7
d.
Maintain records
of malfunctions,
upsets,
repairs, replacements, and breakdowns.
H.
Examine and measure the settling pond depth and
determine need for dredging.
Provide the Agency
with information on the quantity of sludge
disposed of, on a monthly or quarterly basis, and
the name of the site where sludge is deposited.
Prepare
a contingency plan to upgrade the
existing facility.
I.
Designate one person in the employment of Idlewild
as having primary responsibility for the operation
and performance of the facility.
J.
Maintain records of the chlorine usage
rate.
5.
Within 60 days of annexation to the Village of Flossmoor
and incorporation into the MSDGC,
Idlewild shall complete all
engineering plans and specifications to be filed with the Village
of Flossmoor, MSDGC, Department of Transportation of the State of
Illinois, and the Agency.
A.
Within sixty days of the issuance of all of the
above permits, Idlewild shall cause the construction
of the sewer connection to Flossmoor to be completed.
B.
Idlewild shall submit monthly reports
to the Agency
documenting the progress of the work described herein.
C.
Idlewild shall employ a Certified Operator to
supervise the operation of its existing facility
until such time as the connection to the Village
of Flossmoor sanitary sewer is
completed.
Idlewild
shall provide the Agency with evidence that the
operator employed is certified by the Agency.
D.
Idlewild shall submit monthly operation reports on
the operation of its facility to the Agency.
E.
Idlewild shall sample the effluent discharged
from its facility on a weekly basis.
Sample
analyses for fecal coliform, BOD and suspended
solids shall be performed on the samples taken
and shall be provided to the Agency in the
monthly operating report.
33—325
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F.
Idlewild shall not increase the strength or
quantity of the contaminants discharged from
its facility,
G.
Idlewild shall do everything within its control
to effect connection to Flossmoor’s sewage
treatment system and the provisions of this
Settlement.
H.
Regardless of the reason,
in the event that
Idlewild has not effected connection to Flossmoor’s
sewage treatment system
(Alternative
2 of the B
& W
Study),
by the 180th day after the date of the
Board Order approving this Settlement or October
31,
1979, whichever is later, Idlewild shall commence
all work and take all actions not previously taken
which are required for upgrading its facility to
bring it into compliance
(Alternative
1 of the
B
& W Study); and the facility shall be brought
into compliance by January 1,
1980.
6.
The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed
March 14, 1979, which is incorporated by reference as
if fully set
forth herein.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order were
adopted
on
the
/~L1~
day of
______________,
1979 by a
vote of
~-O
Christan
L. Moffet
,
Clerk
Illinois Pollution
ntrol Board
33—3 26