ILLINOIS POLLUTION CONTROL BOARD
November 16,
1978
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—204
VILLAGE OF SAN JOSE,
Respondent.
MR. PATRICK
J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
MR. DONALD
K,
BIRNER,
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 the
Village
of San Jose discharged
waste water from its public water supply system without an NPDES
permit for point source discharges issued by the Agency from
October 24, 1977 until July 28, 1978 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 10,
1978.
The parties filed a Stipulation and
Proposal for Settlement on October
18,
1978.
The Village of San Jose is an Illinois municipal corporation
which operates a public water supply system in Mason County,
Illinois.
The stipulated
facts indicate that,
from October
24,1977
through July 28,
1978,
the Village of San Jose operated its public
water supply system in such a manner as to cause or allow the
discharge of waste water containing contaminants to flow into an
unnamed tributary to Main Ditch,
a navigable water and water of
the State of Illinois,
which
is tributary to Crane Creek, which is
tributary to the Illinois River,
both of which are navigable waters
and waters of the State of Illinois.
(Stipulation p.
2).
It is
stipulated that at no time from October 24,
1977 to July 28, 1978
was the Village of San Jose issued nor did it possess an NPDES
32—11 9
—2—
permit for point source discharges issued by the Agency under
Section 39(b)
of the Act and Board’s Water Pollution Rule 902(e)
for the waste water discharged from its public water supply
system.
(Stipulation,
p.
2—3).
The stipulated facts reveal that
the Respondent possessed an NPDES permit for waste water discharges
from its sewage treatment plant.
Accordingly,
the Village of
San Jose was under the mistaken assumption that the NPDES permit
for its sewage treatment plant was sufficient to cover discharges
from its public water supply system.
For that reason,
it did not
apply for a separate NPDES permit for its public water supply
system.
(Stipulation,
p.
3).
The Stipulation and Proposal for Settlement provides that
the Village of San Jose agrees to apply for and obtain an NPDES
permit from the Agency for its waste water discharge from its
public water supply system and pay a stipulated penalty of
$100.00
.
(Stipulation,
p.
4).
In evaluating this enforcement action and proposed settlement,
the Board has
taken into consideration all the facts and circum-
stances
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).
In the present case,
the character
and degree of actual injury to the public is not known.
However,
the permit system is the heart of the regulatory program to protect
the environment in Illinois.
Such a program provides important
information concerning the quantity and characteristics of any
contaminants being discharged into the waters of the State.
The
Respondent’s public water supply system clearly has social and
economic value
to the individuals in the Village of San Jose who
utilize it.
Moreover, the public water supply system of the
Village of San Jose is suitable to the area in which
it is
located and there is no question of priority of location in the
area involved.
Additionally, it is both technically practicable
and economically reasonable for the Village of San Jose to obtain
an NPDES permit for the waste water discharge from its public
water supply system.
Thus,
on the basis of the record,
the Board finds that,
from
October 24, 1977 until July 28,
1978,
the Village of San Jose
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.
32—120
—3—
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 Village of San Jose 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 Village of
San Jose 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 Village of San Jose shall comply with all the terms
and conditions of the Stipulation and Proposal for Settlement filed
October 18, 1978, 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
J(.Tw~
day of
~P)(r1,-~w.4~..~
,
1978 by a
vote of
________
~
Illinois Pollution
rol Board
32—121