ILLINOIS POLLUTION CONTROL BOARD
April 26,
1979
ENVIRONMENTAL PROTECTION AGENCY,
Comolainant,
PCB 78—138
SALT CREEK DRAINAGE BASIN SANITARY
DISTRICT,
a municipal corporation,
PETER ENZWEILER, VERNON
G. DORN
)
and FRANK FOSTER,
as trustees,
and DENNIS TAGGART,
Superintendent,
)
Respondents.
Ms.
Jill Leslie Drell, Assistant Attorney General, appeared
on behalf of the Complainant;
Mr. Thomas
J.
Young, Attorney at Law, appeared on behalf of
the Respondents.
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This matter comes before the Board on a
five—count
complaint filed by the Environmental Protection Agency on
May 20,
1978, alleging that the Respondents, Salt Creek
Drainage Basin Sanitary District, the trustees and the
Superintendent, Dennis Taggart, had failed to comply with
numerous reporting and sampling requirements of their
NPDES permit in reports submitted to the Agency from
July,
1977 through November,
1977,
in violation of Sections
12 (a),
(b) and
(f)
of the Environmental Protection Act and
Rule 901 of Chapter
3:
Water Pollution Regulations.
The
complaint also charg?d that at various times from July
through November, l~77,the Respondents made false statements
on NPDES Discharge Monitoring Reports
(DMR)
submitted to the
Agency for concentrations of fecal coliform and BOD5.
Count V of the complaint further alleged that in November,
1977,
the Respondents failed to comply with the required
effluent limitations for BOD5 and for the fecal coliform
parameters of their NPDES permit.
A hearing was held on March 20,
1979.
At that time,
a Stipulation and Proposal for Settlement was submitted
for approval by the Board.
No testimony was given during
the hearing.
3
3—385
—2—
The Respondent,
Salt Creek Drainage Basin Sanitary
District, owns and olerates a sewage treatment plant which
discharges to the Gat
Creek upstream from the Des Plaines
River.
On November
8,
1976,
the District was issued NPDES
Permit IL0030953 which was modified on September
9,
1977.
(Stip.
1,
2;
Att,
B)
The parties to this settlement stipulated that the
data in the DMR~ssubmitted to the Agency from July through
November,
1977, were inaccurate
to the extent alleged
in
the complaint.
The stipulation also stated that the
Respondent, Dennis Taggart, was responsible for preparing
the DMR~Sduring this rime period for submission to the
Agency.
(Stip.
2;
Att.
C)
The parties further stipulated that since the filing
of the complaint, the District has developed programs to
eliminate
systematic inaccuracies
in future reports to the
Agency.
The District has hired a new manager of operations
and three new laboratory technicians and have also completed
construction of new laboratory facilities.
Of equal
importance are the implementation
of new laboratory procedures
for greater staff accountability to the management.
Recently,
the District has completed a $4.5 million project to upgrade
and expand its sewage treatment plant.
The District is now
in substantial compliance with the procedural and substantive
requirements of their NPDES permit.
(Stip.
2,
3;
R.
6)
The settlement also provided that the Respondent trustees,
Peter Enzweiler, Verron
G. Dorn, deceased,
and Frank Foster,
be dismissed as parties to this action.
On the basis of the foregoing and the Stipulation and
Proposal for Settlement entered into the record on March 27,
1979,
the Board finds the Respondents,
Salt Creek Drainage
Basin Sanitary District and Dennis Taggart,
in violation
of Sections 12(a),
(b)
and
(f)
of the Act and Rule 901 of
Chapter
3:
Water Pollution Regulations.
The Board will
dismiss the Respondents,
Peter Enzweiler, Vernon
G. Dorn,
deceased, and Frank Foster,
as party—respondents to this
enforcement action.
The Board has considered the application of the re-
quirements of Section
33(c)
of the Act to the facts and
circumstances contained herein and finds that the Stipulation
and Proposal for Settlement to he acceptable under Procedural
Rule
331.
The parties agree that the District experienced
an economic benefit of $1,500.00 because of their failure
to obtain compliance and the District and Dennis Taggart
agree
to pay the amount of $1,500.00 for the violations
admitted;
$1,000.00
to he paid by the District and $500.00
by Dennis Taggart.
(Stip,
3)
The Board finds the assessments
33—386
—3—
of $1,000.00 to the District and $500.00 to the Respondent,
Dennis Taggart, are sufficient and necessary to the enforce-
ment of the Act.
This opinion constitutes the Board’s finding of fact
and conclusion of law in this matter.
ORDER
1.
Respondents, Salt Creek Drainage Basin Sanitary
District and Dennis Taggart,
are found to have violated
Sections 12(a),
(b) and
(f)
of the Environmental Protection
Act and Rule 901 of Chapter
3:
Water Pollution Regulations
from July,
1977,
through November,
1977,
for failure
to
comply with the reporting and sampling requirements of
NPDES Permit IL0030953,
for making false statements on
discharge monitoring reports submitted to the Environmental
Protection Agency and for failure to meet NPDES permit
effluent limitations
for BOD5 and fecal coliform in November,
1977,
2.
The Board will dismiss Respondent trustees, Peter
Enzweiler, Vernon
G. Dorn,
deceased,
and Frank Foster,
as
respondents herein.
3.
Respondent,
Salt Creek Drainage Basin Sanitary
District,
shall pay
a penalty of $1,000.00 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
4.
Respondent, Dennis Taggart,
shall pay a penalty of
$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.
Mr.
Irvin
G. Goodman abstainer9.
33—38 7
—4—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opinion and Order
were adopted on the
~L9~’
day of
~
,
1979,
by a vote of
3_cs
33—388