ILLINOIS POLLUTION CONTROL BOARD

June 22,

1978

ENVIRQ~MENTALPROTECTION AGENCY,

Complainant,

v.

)

PCB 77—210

VILLAGE OF CAMP POINT,

Respondent.

Mr. John Van Vranken,

Assistant

Attorney General, Attorney

for Complainant.

Mr. Edward Tucker,

Attorney for Respondent.

OPINION AND~~RDEROF THE BOARD

(by Mr. Young):

This matte~rcomes before the Board on

a Complaint filed

August

11,

1977,

by the Illinois Environmental Protection

Agency charging the Respondent, Village of Camp Point, with

violation of Section

12(a)

of the Environmental Protection

Act,

of Rules 203(a),

404(f),

405, 602(b)

and 1201 of Chapter

3:

Water Pollution of the Board’s Rules and Regulations.

Hearing was held

in this matter on April

25,

1978,

at the

Camp Point Village Town Hall.

During the hearing,

the parties

introduced a Stipulation and Proposal for Settlement into

the record.

There was no public testimony offered at the

hearing.

The Village of Camp Point is located in Adams County

having a 1970 census population of 1,143.

The Village owns

and operates a wastewater treatment facility consisting

of an Imhoff tank,

two sludge dumpinq

heds

and

a 5.3 acre

lagoon.

The

effluent is discharged, unchlorinated,

into

Figley Branch Creek, tributary of McKee Creek;

the facility

has no capability for disinfection

(Stip.

p2).

The Stipula-

tion indicates that the wastewater treatment facility was

inspected on at least

five occasions during 1974,

1975 and

1976 and that the Village was notified of deficiencies

and

that at least four citizen complaints concerning the facility

were received by the Agency from 1971 to 1977

(Stip. p3).

The

parties also stipulate that the Village applied for grant

assistance in April, 1973, and that final approval

is still

pending

(Stip. p4).

The parties further stipulate that

Respondent caused or allowed the violations alleged in each

of the six counts of the Complaint on specific dates

(Stip.

p4—5)

30—199

---

—2—

The

terms

of

the

Settlement

include

the

initiation,

by

the

Village,

of

a number of measures

to

upgrade,

improve,

maintain

and

properly

operate

the

existing

treatment

faci-

lities,

and

the collection system and to place the plant

under the direct and active supervision of a properly

certified operator (Stip. p5-9).

The Village agrees to

pay a penalty of $1,000.00

(Stip. p10).

The Board has examined the facts and circumstances

presented by the parties in the Stipulation and Proposal

for Settlement according to the reguirenents of Section

33Cc) of the Act and finds the Village in violation of

Section 12(a) of the Act and of Rules 203(a), 404(f), 405,

602(b) and 1201 on the dates set forth in the Order herein.

The Board further finds the Stipulation and Proposed Settle-

ment offered by the parties acceptable under Procedural

Rule 331 and will assess a penalty of $1,000.00 for the viola-

tions found herein which the Board finds necessary in this

case to aid in the enforcement of the Act.

The Board will

also order the Village to comply with all of the terms of

settlement ~et forth in the Stipulation and Proposal for

Settlement, pages 5 through 10.

This Opinion constitutes the Board’s findings of fact

ORDER

1.

Respondent, Village of

Camp

Point, is found to

tection Act or of Chapter 3 of the Board’s Rules and Regula-

tions as follows:

a)

As charged in Count I of

the

Complaint,

on September 2, 1971, October 22, 1972,

June 28,

1975, and January 21, 1977.

b)

As charged in Count II of the Complaint,

violation of Rule

203(a) of Chapter 3 and

Section 12(d) of the Act on

May

6, 1974,

September 26, 1974, January .27,

1975,

August 11, 1975, July 1, 1976, and

November 15, 1976.

c)

As charged in Count III of the Complaint,

violation of Rule 404(f) of Chapter 3 on

August 3, 1976,

September 16, 1976, Octo-

ber 7,

1976,

and

December 29, 1976.

d)

As charged in Count IV of the Complaint,

violation of Rule 405 of Chapter 3 and

Section 12(a) of the Act on August 3,

1976,

September 16, 1976, October 7,

1976, and November 15, 1976.

---

—3—

e)

As charged in Count V

of

the Complaint,

violation of Rule 1201 of Chapter

3 on

May

6,

1974, January

27,

1975,

and

July

1,

1976, and

f)

As charged in Count VI of the Complaint,

violation of Rule 602(b) of Chapter

3

on May

6, 1974, January

27, 1975, July

1,

1976, and November

15,

1976.

2.

Respondent,

Village of Camp Point, shall pay a

penalty of $1,000.00 for the violations found in paragraph

1 of this Order.

Penalty payment by certified check or

money order payable to the State of Illinois shall be made

within

35 days of the date

of

this Order to:

Fiscal

Services Division,

Illinois Environmental Protection Agency,

2200 Churchill Road,

Springfield,

Illinois,

62706.

3.

Respondent, Village of Camp Point, shall comply

with all of the terms of settlement contained in the Stipu~

lation and Proposal for Settlement herein dated March

2,

1978, which

is hereby incorporated by reference as

if fully

set forth herein.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois PoliutyLen

Control Board, hereb

certify th

above Opinion and Order were

ad~ed on the

______

day of

~

1978

by

a vote

~anL.Moffe~~~

Illinois Pollution Con

I Board

30

—

501