~:~x~oIs
POLLUTION CONTROL BOARD
January 19,
1978
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
v.
)
PCB 77—115
CITY
OF
WEST
CHICAGO,
a
)
municIpal
corporatIon,
)
Respondent.
MS.
SUSAN
SHUMWAY, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF COMPLAINANT;
MR. HAROLD J. SPELMAN OF SPELMAN, GREENWALT
& ASSOCIATES APPEARED
ON
BEHALF OF RESPONDENT.
OPINION
AND ORDER OF
THE BOARD
(by Mr. Goodman):
This
matter
comes
before the Board upon the April
18,
1977
Complaint filed by the Environmental Protection Agency
(Agency)
charging the City
of West Chicago
(West Chicago) with violations
of Rules 203(a),
203(f),
401(c)
r
402,
403,
404(c),
405 and 602(b)
of
Chapter
3:
Water Pollution
(Chapter
3) and Sections 9(a) and
12(a)
of
the Environmental Protection Act
(Act).
A hearing was
held
on
September
23,
1977,
and
the
parties
filed
a
Stipulation
and Proposal for Settlement on October
27,
1977.
West
Chicago
owns and operates a municipal sewage treatment
plant
(STP)
located in DuPage County, Il1inoi~
which discharges
effluent
into the West
Branch of
the
DuPaqe
River.
The
dilution
ratio
of
West Chicago’s effluent is greater than one to one and
less than
five
to one.
Effluent was discharged containing sludge,
sludge
mats..
visible suspended solids,
foam,
color and odor
in
violation of
Rule
403,
The effluent also
contained BOD and suspended solids
in
excess of the numerical standard set forth
in Rule 404(c)
and
on
occasion contained BOD and suspended solids
in
excess of five
times
the
above standard,
in
violation of Rule
401(c).
Finally,
effluent
contained fecal coliforms
in
excess of five times
the
numerical standard set forth
in
Rule
405,
in
violation
of
Rule
401 (c)
29
—
63
—2—
These discharges c~
od
the
receiving stream to
contain
ii
deposits,
sludge
sLats;
visible
suspended
solids,
turbidit~
‘or in violation of Rule
203(a)
as well as concentrations
-
ronia
nitrogen
(as
N)
in
ot.a~ionof Rule
203(f),
both
pro-
ed by
Rule 402.
West
Chicag~
~aused or allowed overflows
~ts sanitary sewers
in
vio’st
~i
of Rule 602(b).
In addition,
were
discharged from the
S$t.
iusing air pollution in viO-
of
Section 9(a)
of the
Act.
est
Chicago in the
stipulation
admits to each violation of
r
3
and
Sections
9(a)
and
12(a).
St Chicago has
taken
several steps during
the
pendency of
tion
to
deal with these
problems,
including
hirinc
of
a
iting engineer, replacing or repairing sewer lines, modi—
~q ~ts
STP, and preparing a document listing all improvements
ary
for achieving
compliance.
These actions,
along with
undertaken pursuant to
the
settlement agreement, will
t the
violations,
However,
~ll
compliance will result only
eration
of a combined
STP
with
the Village of Winfield.
r
the
settlement
agreement.
vest
Chicago has agreed to under—
~iu~erous
actions with
regan~
to
its present STP.
One pond
~a modified by adding
aerat~n
and chlorination equipment
by~-pass,
three ponds
will oe
dewatered and cleaned, and
lng
devices will be installed
on
all outfalls.
West Chicago
neet
interim standards of 20 mg/l BOD,
25 mg/l suspended
t.~
and 200 fecal coliforms per
100
ml for treated effluent
mg/l BOD,
30 mg/l suspended solids and 400 fecal coliform
JO
ml
for
by-pass
flows.
Odor
sources
will
be
investigated
eport
detailing corrective measures prepared.
Three addi-
employees will be hired at
the
STP.
West
Chicago
has
~ to
file a
petition
for
variance from Rule 203(f)
as regards
i~
nitrogen.
Finally, West Chicago shall continue to work
d
construction of a combined STP.
0
Board
accepts
the
Stipulatiun
and
Proposal
for
Settlement
October
27, 1977 and finds West Chicaqo
in violation of Rules
203(f),
401(c),
402,
403,
404(c),
405 and 602(b)
of
Chapter
Sections
9(a)
and 12(a)
of
the Act on the dates listed
in
~ove
agreement.
As
to
the
Section
33(c)
factors,
the
Board
that West Chicago’s sewage treatment
facility
provides services
~re
of
significant economic and social value.
However, the
-
-
to
the public resulting from the discharge of contaminants
U e DuPage River,
the overflow of sanitary sewers and the
narge
of
odors
is quit?
extensive, and the parties stipulate
29
—
64
—3—
-
~
ance program West Chicago has aqr~
d to •una~rtaae
is
~n.omical1y
reasonable and technicalUi
niacticable
s~r
~e
sev-~rity
of the pollution and the deliy in
ud’rLa~i~
~
~.
s:eps
toward compliance,
the Board
finds
that
a
pc:~
Lty
of
-~50
0 is
warranted.
Opinron
constitutes the findings of
fact and
conclusions
~av
o;
she hoard
in
this matter.
ORDER
is
the
O~der
of the Pollution
Control
Board
tha
West
Chicago violated
Rules
203(a),
203(f),
4L1
c),
402,
403,
404(c),
405 and 602(b)
of Chapter
3 and
Sections
9(a)
and 12(a)
on the dates listed in the Stipu-
Ution
and Proposal for Settlement filed herein.
2
West Chicago shall comply with all
tarms
and
cond~tic~
o~-
he
Stipulation and Proposal for Settlement filed
October
~/,
1977,
which
is incorporated by reference
as
if fully
se~
fsrtt
herein.
3
West
Chicago shall, within 35 days of the date of
this
Or~
r, pay a penalty of $500.00 by certified check or money
o~der
to:
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield,
Iii,
62706
‘~.
Within 45 days of the adoption of this Order,
the City
o
West
Chicago shall execute and forward to both the
ilisnois
Environmental Protection Agency, 2200 Churchill
Road,
Springfield,
Illinois 62706
and the Pollution
Control
Board
a Certification of Acceptance and Agreement
to bc~bounc~
to
all
terms and conditions
of this Order.
The
45
da~
perioc
shall
be held in abeyance during any period
this
matter
is
being
appealed.
The form
of said certification
shall
be as
follows:
CERTIFICATION
I
(We),_____________________________having
read
and
fully
understanding
the Order of the Illinois Pollution
Cont.uol
29
—
65
—4—
Board in PCB 77-115 hereby accept said Order and agree to
be bound by all of the terms and conditions thereof.
SIGNED_____________________
TITLE_____________________
DATE________________________
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board,
hereby certify the above Opinion and Order were adopted on
the
day of
,
1978 by a vote of_
~.
o
Chri.stan L. Moffe ~j~~1erk
Illinois Pollution Control Board
29
—66