ILLINOIS POLLUTION CONTROL BOARD
    November
    16,
    1978
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—205
    VILLAGE OF BROADWELL,
    Respondent.
    MR. PATRICK
    J.
    CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    HARRIS AND HARRIS,
    ATTORNEYS AT LAW
    (MR. THOMAS M. HARRIS,
    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 July 28,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”) which alleged
    that, from October 24, 1977 until July 28,
    1978,
    the Village of Broadwell discharged wastewater containing
    contaminants and pollutants
    into a water of the State from its
    public water supply system without possessing 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
    (“Act”).
    A hearing was held on October 26,
    1978.
    The parties filed a
    Stipulation and Proposal for Settlement on November
    1,
    1978.
    The Village of Broadwell is an Illinois municipal corporation
    which operates a public water supply system in Logan County,
    Illinois.
    The stipulated facts indicate that
    a periodic back
    flushing of the public water supply system caused a discharge of
    wastewater containing contaminants
    to flow into an unnamed
    tributary to the Lake Fork of Salt Creek.
    Salt Creek
    is a
    navigable water and water of the State.
    Salt Creek
    is a tributary
    of the Sangamon River which is also a navigable water and water of
    the State.
    During the period from October 24, 1977 to the filing of the
    Complaint,
    the Village of Broadwell did not possess an NPDES permit
    issued by the Illinois Environmental Protection Agency for the
    32—123

    —2—
    discharge of the wastewater containing contaminants
    from its
    public water supply system.
    (Stipulation,
    p.
    2).
    The State of Illinois obtained the authority to implement
    the NPDES program on October 24,
    1977 when the Illinois Pollution
    Control Board filed with the Secretary of State
    a copy of the letter
    of approval of the Illinois program by the Administrator of the
    United States Environmental Protection Agency.
    Such filing
    effectuated Water Pollution Rules
    901 and 902(e) of Chapter
    3 of
    the Board’s Rules and Regulations.
    On May 26, 1978 the Village President of Broadwell received a
    letter from the Agency advising that the Village needed an NPDES
    permit.
    In addition,
    the letter indicated that,
    if the Village
    failed to apply for a permit or give a satisfactory explanation as
    to why such application was not needed,
    the Agency after thirty
    days would begin an enforcement proceeding.
    The Village did not
    contact the Agency within thirty days.
    The reason the Respondent
    did not contact the Agency is that the Village possessed an NPDES
    permit for a sewage treatment plant and thought that the permit
    for a sewage treatment plant covered the discharge from its public
    water supply system.
    (Stipulation,
    p.
    3).
    Both the Complainant
    and Respondent agree that it
    is both technically practicable and
    economically reasonable
    to obtain an NPDES permit for the waste-
    water discharge from the Village’s public water supply system.
    (Stipulation,
    p.
    4).
    The Stipulation and Proposal for Settlement provides that the
    Village of Broadwell agrees,
    to apply for and follow through and
    obtain an NPDES Permit for its wastewater discharge from its
    public water supply system and pay a stipulated penalty of $100.00
    (Stipulation,
    p.
    5).
    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).
    On the basis of the record,
    the
    Board finds that the Village of Broadwell 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.
    Accordingly,
    the stipulated penalty of
    $100.00
    is assessed against the Respondent.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of law in this matter.
    32—
    I 24

    —3—
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Village of Broadwell 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
    Broadwell 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 Broadwell shall comply with all the terms
    and conditions of the Stipulation and Proposal for Settlement
    filed November
    1,
    1978, which
    is incorporated by reference as if
    fully set forth herein.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board,
    herel?y certify the above Opinion and Order were
    adopted on the
    ~
    day of
    1978 by a
    voeo
    -2.
    L~4~
    o~
    Christan
    L. Moff
    Clerk
    Illinois Pollutio
    ontrol Board
    32—125

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