ILLINOIS POLLUTION CONTROL BOARD
November 16,
1978
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—202
CITY OF LAWRENCEVILLE,
Respondent.
MR. PATRICK
J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
MR. DOUGLAS
A.
ENLOE, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the July 28, 1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”) which alleged that,
from October
24, 1977 until July 28,
1978,
the City of Lawrenceville discharged wastewater containing
contaminants from its public water supply system without possess-
ing an NPDES permit issued by the Agency in violation of Rule 901
and 902(e)
of Chapter
3:
Water Pollution Regulations and Section
12(f)
of the Illinois Environmental Protection Act
(“Act”).
A
hearing was held on October 24,
1978.
The parties filed a
Stipulation and Proposal for Settlement on November
3,
1978.
The City of Lawrenceville
is an Illinois municipal
corporation which operates a public water supply system in
Lawrence County,
Illinois.
As a result of the operation of this
public water supply system,
the Respondent caused or allowed the
discharge of wastewater containing contaminants
to flow directly
into the Embarrass River until shortly after May 26,
1978.
(Stipulation,
p.
2).
The Embarrass River is a navigable water
and a water of the State of Illinois.
Shortly after May 26, 1978,
the City of Lawrenceville eliminated the discharge from its public
water supply system which had flown into the Embarrass River.
At no time from October 24, 1977 to July 28,
1978 did the
City of Lawrenceville possess,
nor was it ever issued,
an NPDES
32—115
—2--
permit by the Illinois Environmental Protection Agency for the
wastewater discharge from its public water supply system.
(Stipulation,
p.
3).
The City of Lawrenceville acquired its
public water supply system on March
23, 1976 in connection with a
forced judicial sale of the Eastern Illinois Water Company.
That
Company had owned and operated as a single unit water systems
in
Palestine,
Tuscola and Robinson,
Illinois,
in addition to the one
in Lawrenceville.
The City encountered problems in sorting out
the records, equipment and material pertaining solely to the
public water supply in the City of Lawrenceville.
The City
initially formed a water board to operate its system.
However,
such method of operation was found to be unsatisfactory and the
water board was dissolved in January of 1978.
The first
notification that the City received from the Agency that there
was a violation was through a letter dated May 26,
1978.
Shortly
after that date the City eliminated its wastewater discharge from
its public water supply system.
(Stipulation,
p.
3).
It is stipulated that it is both technically practicable and
economically reasonable
to obtain an NPDES permit for the waste—
water discharge from the City’s public water supply system.
In
addition,
it is both technically practicable and economically
reasonable for the City to eliminate such discharge.
(Stipulation,
p.
4).
However,
the Stipulation and Proposal for Settlement
provides that since the City of Lawrenceville has already
eliminated the discharge,
there
is no need for the City to obtain
an NPDES permit.
(Stipulation,
p.
5).
The parties have agreed
that considering the nature of the violations,
the reasons for
the violations and the fact that the City of Lawrenceville has
eliminated the wastewater discharge,
a stipulated penalty of
$100.00
is appropriate in this case.
(Stipulation,
p.
5).
In evaluating this enforcement action and proposed settle-
ment,
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.
Incinerator,
Inc.
V.
Illinois Pollution Control Board,
59
Ill.
2d
290,
319 N.E.
2d 794
(1974).
Accordingly,
the Board finds that,
from October 24, 1977 until July 28,
1978,
the City of
Lawrenceville discharged waste water from its public water supply
system without an NPDES permit for point source discharges issued
by the Agency in violation of Rule 901 and 902(e)
of Chapter
3:
Water Pollution Regulations and Section 12(f)
of the Illinois
Environmental Protection Act.
The Board hereby imposes the
stipulated penalty of $100.00 against the Respondent.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
32—116
—3
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
The City of Lawrenceville has violated Rule 901 and
902(e)
of Chapter
3:
Water Pollution Regulations and Section 12(f)
of the Illinois Environmental Protection Act from October 24,
1977
until July
28,
1978.
2.
Within 45 days of the date of this Order, the City of
Lawrenceville shall pay the stipulated penalty of $100.00
,
payment to be made by certified check or money order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
3.
The City of Lawrenceville shall comply with all the terms
and conditions of the Stipulation and Proposal for Settlement
filed November
3,
1978, which
is incorporated by reference as if
fully set forth herein.
I,
Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, her~~certify the above Opinion and Order were
adopted on the
/(pT1
day of
~
,
1978 by a
vote of
3—o
Christan
L. Moffet ,~fterk
Illinois Pollution
~trol
Board
32—117