ILLINOIS POLLUTION CONTROL BOARD
April 12, 1979
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 77—276
C.
J,
ZIMMERMAN and ZIMCO
ENTERPRISES,
a Division of
Zimco
Metalfab,
Inc.,
an Illinois
corporation,
Respondents.
Mr. Reed Neuman, Assistant Attorney General, appeared on
behalf of the Complainant;
Mr. Robert
F. Kaucher, Kaucher, Collins and Ligman, appeared
on behalf of the Respondents.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board upon a complaint
filed by the Environmental Protection Agency against C.
J.
Zimmerman and Zimco Enterprises on October 25,
1977.
The
complaint alleged that in October,
1974, the Respondents
constructed a sewer system in Highland,
Illinois without a
permit and caused or allowed the construction and operation
of two separate sewer systems
in May,
1975, without the
necessary permits.
The complaint charged that the Respondents,
C.
J.
Zimmerman and Zimco Enterprises were in violation of
Rules
951(a) and 952(a)
of Chapter
3:
Water Pollution
Regulations and Section
12(b)
of the Environmental Protection
Act.
A hearing was held on February 27,
1979,
at which time
the parties submittec~a Stipulation and Proposal for Settle-
ment for Board apprc’val
in lieu of a full hearing.
No testimony
was given during the hearing.
The parties
in this settlement stipulated that Zimco
Enterprises was in violation of Rules
951(a)
and 952(a)
of Chapter
3 and Section 12(b)
of the Act for the con-
struction of a sewer system on or about October 11,
1974,
in the Lakeland Addition of Highland and for the construction
and operation of a sewer system in May,
1975, near 28th and
Poplar Street in Highland.
The parties further agree that
the charges
in paragraph
10 of the complaint for constructing
33,-337
—2—
and operating a sewer system for the Hollyhock Apartments
in
Highland be dismissed and that
C.
J.
Zimmerman be dismissed
as a Respondent
in this matter.
The City of Highland, Madison County, Illinois was
placed on restricted status on February 29,
1969,
by the
Sanitary Water Board which prohibited further extensions
and hook—ups to the City’s sewer system until the treatment
system was built to provide adequate capacity.
In 1971,
the Agency determined that the restricted status would be
continued for the City’s old treatment plant until
a new
sewage treatment plant was constructed to relieve severe
overloading problems to the old plant.
While the stipulation
indicated that progress on the new sewage treatment plant
continues,
to date,
the City of Highland remains on restricted
status.
(Stip.
3—5)
The agreement stated that the Agency denied the permit
application of Zimco Enterprises on August
5,
1974, for the
construction of the sewer system at 28th and Poplar Street.
Subsequently, Zimco petitioned this Board for a variance in
January, 1975.
On May 28,
1975, the Board denied the variance
request specifically citing the City of Highland’s restricted
status as reason for rejection,
Since the filing of this
complaint, the Respondent Zimco was compelled to seek and
was granted a variance from Rule 962 of Chapter
3 in Zimco
v.
EPA, PCB 78-104
(Sept.
21,
1978)
so that the sewer system
near 28th and Poplar Street and in the Lakeland Addition
could be made operational.
(Stip.
4-6)
As a result of negotiations, the parties have agreed
that it would be in the best interest of the public and the
parties
to settle this matter under the Board’s Procedural
Rule 331.
The settlement
in this matter provides that the
Respondent Zimco will submit as-built plans by a registered
professional engineer for the sewer systems at 28th and Poplar
Street and in the Lakeland Addition on Pike Drive East and
West in Highland.
The Respondent has also agreed to obtain
all necessary construction and operating permits in the
future from the Agency as required by Board regulations and
by the Act.
(Stip.
7,9)
The settlement further provides that the Respondent
Zimco Enterprises will pay a total fine of $1,500.00 for the
violations stipulated to in the settlement.
On the basis of the foregoing and the Stipulation and
Proposal for Settlement entered into the record on March
1,
1979,
the Board finds that the Respondent Zimco Enterprises
is
in violation of Rule
951(a) of Chapter
3 and Section
12(b)
of the Act on or about October 11,
1974,
for construction
of a sewer system in the Lakeland Addition of Highland with-
out a permit.
The Board further finds Zimco Enterprises
33—338
—3—
in violation of Rule~ 951(a) and 952(a) of Chapter
3 and
Section
12(b)
of the Act for the construction and operation
of a sewer system near 28th and Poplar Street in Highland
in May,
1975.
The Board will dismiss the allegations
contained in paragraph
10 of the complaint and will also
dismiss Respondent C.
J.
Zimmerman as party-respondent to
this action.
The Board has considered the application of the require-
ments of Section 33(c)
of the Act to the facts and circum-
stances contained herein and finds that the Stipulation and
Proposal for Settlement to be acceptable under Procedural
Rule 331.
The Board further finds that $1,500.00 is a
sufficient penalty for the violations
found herein.
This Opinion constitutes the Board’s finding of fact
and conclusion of law in this matter.
ORDER
1.
Respondent,
Zimco Enterprises,
is found to have
violated Rule 951(a) of Chapter
3:
Water Pollution Regulations
and Section 12(b) of the Environmental Protection Act on or
about October 11,
1974, and Rules
951(a)
and 952(a) of
Chapter
3 and Section 12(b)
of the Act in May,
1975,
for
constructing and ooerating sewer systems in Highland,
Illinois
without the necessary permits.
2.
The Board will dismiss the charge in paragraph 10
of the complaint alleging violations for constructing and
operating a sewer system without the necessary permits for
the Hollyhock Apartments
in Highland,
Illinois.
3.
The Board will dismiss Respondent,
C.
J.
Zimmerman,
as party—respondent to this enforcement action.
4.
Respondent,
Zimco Enterprises,
shall pay a penalty
of $1,500.00 within 35 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
IT IS SO ORDERED.
33—339
—4—
I, Christan
L. ~offett,
Clerk of the Illinois Pollution
Control Board, her&”y certify the above Opinion and Order
were adopted
or~
the
___________
day of
4~J
,
1979,
byavoteof
.,S~-o
.
Illinois Pol
ontrol Board
33—340