ILLI:X)1S POLLUTION CONTROL BO~
    February 2,
    1978
    ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    V.
    )
    ECE 77—79
    ESTATE ENTERPRISES, INC.,
    )
    an Illinois corooration,
    Respondent.
    Mr. Jeffrey S. Herden, Assistant Attorney General, appeared
    on behalf of Complainant.
    Mr. Robert Cynowa, President
    of
    Estate Enterprises, Inc.,
    apoeared as the Respondent.
    OPINION
    AND ORDER OF THE BOiPfl (by Mr. Ycuno)
    This matter comes before the Board on a
    Complaint filad
    on March 10, 1977, by
    the Environmental
    Protection Agency
    charging that on numerous occasions ResponderiL discharged
    an effluent from its sewage treatment ~1ant containing a
    biochemical oxygen demand and fecal colifor:i level exceeding
    five times the standard prescribed by Rules 404(f) and 405
    respectively and hence in violation of Rule 401(c) of Chapter
    3 and of Section
    12(a)
    of the Environmental Protection Act.
    In addition, the Complaint charged that Respenclent’s discharge
    contained settleable solids, floating debris, visible oil,
    grease, scum, or sludge solids in violation of Rule 403 which
    caused discoloration, odor, and turbidity in the receiving
    stream. The Agency also claimed that Respondent’s failure
    to eliminate excessive infiltration
    ntr t~h~•newers caused
    (verf1ow~ in violation of RuLe 602(b)
    ‘~
    ci1~1i~~3 and Section
    12 (a) of the Act and further that Respondent caused or allowed
    raw and untreated sewage to be deposited on land which caused
    a pollution hazard to the waters of Illinois in violation of
    Section 12(d) of the Act.
    Hearing was held in Kankakee, Illinois, on October 21,
    1977, in which the parties submitted a Stipulation and Proposal
    for Settlement. No comments were received from
    the
    oublic.
    29
    —
    139
    —2--
    Estate Enterorises, Inc. o’ans and operates a mobile
    home facility known as Manteno ‘iobile Home Park in Kankakee,
    Illinois.
    It also owns the
    sewers and the aeration treatmert
    plant in question, which
    discharges
    into the Exline Slough.
    The ratio of the seven—day-ten- ear low flow to the average
    dry weather flow in the Exiir~rSlough is
    less
    than one to one.
    The Stipulation indicates that Respondent’s problems were
    caused by improper and inattentive maintenance. As a result
    of discussions between parties ~nd technical advisors, Respondent
    has agreed to employ a properly certified operator for not less
    than three days per week for six months from the date of the
    Board Order.
    The Settlement provides that Respondent will mairtain the
    operation of the chlorination equipment and will conduct tests
    outlined in the Agency’s policy statement TP-20-24 (Stip. Exh.
    A) and those analyses on page 7 of the Settlement at the stated
    frequencies.
    Respondent also agrees to inspect the treatment facility
    for operational problems and to report any malfunctions to the
    Agency within 72 hours after discovery.
    The Board accepts the Stipulation and Proposal for Settle-
    ment submitted by the parties and finds Estate Enterprises,
    Inc. in violation of Rules 403, 404(f), 405, and 602(b) of
    Chapter 3: Water Pollution Regulations and Sections 12(a) and
    12(d) of the Act.
    In assessing a penalty for these violations, the Board has
    reviewed the provisions in Section 33(c) of the Act. Based on
    this record, the Board finds that the mobile home park treat-
    ment facility has social and economic value and is suitable,
    if not essential, to the mobile home park. However, the water
    pollution generated by this facility is excessive in light of
    the technical practicability and economic reasonableness of
    significantly improvinq the quality of the discharge. Accordingly,
    the Board assesses the stipulated penalty of $1500.00.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1. Estate Enterprises, Inc. is hereDy found to have dis-
    charged contaminants inso the environment of Illinois in violation
    of Rules 403, 404(f), 405, and 602(b) of Chapter 3: Water Pollu-
    tion Regulations and Sections 12(a) and 12(d) of the Act.
    29
    —
    140
    —
    2. The RespuL
    :
    L s~allp~ a ‘aeralty
    500.00 Wi thin
    35 days
    of the date
    ~Ls Ordc.
    Payment sn~ii be
    by certified
    check or morcr ordeL a:
    ole
    to~
    Stata e~
    ~L
    nois
    Fiscal Sc :vrces Division
    Environ~.n~a ~ Protection
    Agency
    2200
    Chu~e.~~.l
    Road
    Springfield.
    Illinois
    62706
    3. The Respondent shall a ~ere to all
    prorisions of the
    Settlement Proposal which
    is hereby incorporated,
    by reference
    as if fully set forth herein.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~by certify~th9 above Opinion and Order were
    adopted on the
    ~
    day
    of
    ~
    /
    1978
    by a vote
    of ~-O
    .
    //
    Illinois Pol
    Board
    29
    —
    141

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