ILLINOIS POLLUTION CONTROL BOARD
January
18,
1979
.
ENVIRONMENTAL PROTECTION AGENCY,
)
!
.
Complainant,
)
!
v.
)
PCB 78—199
VILLAGE OF NORRIS,
)
Respondent.
MR. PATRICK J.
CHESLEY, ASSISTANT ATTORNEY GENERAL, appeared on
behalf of Complainant.
MR. JOHN C.
POTTER, BAUDINO
& POTTER, appeared on behalf of
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Dumelle):
:
The Complaint
in this case alleges that Respondent operated
a public water supply facility,
discharging contaminants
in
violation of Section 12(f)
of the Act which requires an NPDES
—
permit for point source discharges,
and Water Pollution Rules
901 and 902(e).
A hearing was held on October 27, 1978 in
Farrnington,
Illinois.
At the hearing the parties offered Joint Exhibit
1, a
Stipulation and Proposal for Settlement as the entire record.
No
members of the public were present.
The Stipulated Settlement states that since October
24,
1977
Respondent has operated
a public water supply facility in Norris
and discharged contaminants into an unnamed tributary of Big
Creek.
Big Creek is a tributary of Spoon River, both being
navigable waters and waters of the state.
.
On May 27, 1978 the Village of Norris was informed by the
!
Agency that it required an NPDES permit under Section 39(b)
and
Water Pollution Rules 901 and 902(e)
for its public water supply
!
system.
No NPDES permit was applied for by Norris,
or any explana-
tion given to the Agency as to why such permit was not needed
within 30 days of notification.
On July 29,
1978,
the Village of
Norris eliminated the discharge from its public water supply system.
The Stipulation and Proposal for Settlement provides that
no NPDES permit is presently needed by Respondent due to eliminata-
tion of the discharge.
Respondent
is to pay a $100 penalty
within forty-five
(45)
days of the date of the Board’s approval
32—435
.
.
.
.
—2
of this settlement.
The Board finds, after a review of the factors
listed in Section 33(c)
of the Act, that the settlement constitutes
a reasonable and appropriate resolution of this case.
This Opinion constitutes
the Board’s findings of fact and
conclusions of law in this case.
ORDER
1)
Respondent has violated Rules 901 and 902(e)
of the Water
Pollution Rules and Section 12(f)
of the Act.
2)
Within forty—five
(45) days of the date of this Order,
Respondent shall forward the sum of $100, payable by
certified check or money order to:
State of Illinois
Fiscal Services Section
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the abo e Opinion and Order were
adopted on the
______________
day of
__________________,
1979
by a vote of
~
Illinois Pollution
Board
32—436