ILLINOIS POLLUTION CONTROL BOARD

August

5,

1976

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

v.

)

 PCB 75—101

VILLAGE OF LOMBARD,

a

municipal corporation,

Respondent.

OPINION AND ORDER OF THE BOARD

 (by Mr. Dumelle):

This matter comes before the Board on the Complaint of the

People of the State of Illinois by William J.

 Scott, Attorney

General

 (People)

 against the Village of Lombard

 (Lombard)

a

municipal corporation.

 Lombard filed a Motion to Dismiss on

March 11,

 1975, which the Board,

 at that time,

 ordered taken

with the case.

 Lombard’s Motion to Dismiss

 is hereby denied.

A hearing on this matter was held on May 19,

 1976, and on

June

8,

1976

 a Stipulation and Proposal for Settlement was filed

with the Board.

 A number of citizen complaints concerning sewer

overflows in Lombard have been received.

Lombard owns and operates a sewage treatment plant located

at Route

 53 and Glen Oak Road, Lombard, DuPage County, Illinois.

This sewage treatment plant treats the waste generated by the

Village of Lombard and several unincorporated areas and discharges

into the East Branch of the DuPage River.

Count

 1 of the People’s Complaint charges Lombard with diverting

or bypassing from its sewage treatment plant to retention lagoons

where the sewage received, at the most, primary treatment and

chlorination.

 The People further allege that since the bypassing

was not necessary, due to the ability of the sewage treatment plant

to receive additional in-flow, Lombard violated Rule 602(b)

of

the

Illinois Pollution Control Board’s Water Pollution Regulations

(Regulations)

 in that it prevented the maximum practical flow

through

 its sewage treatment facility.

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Count

 2 of the People’s Complaint alleges that Lombard caused

or allowed overflows from certain of its sanitary sewers tributary

to the sewage treatment plant,

 in violation of Rule 602(b)

 of the

Regulations.

Count

 3 alleges that Lombard,

 in the operation of its retention

ponds and lagoons during periods of dry weather flow, caused or

allowed visible floating so,iid materials to be discharged into the

East Branch of the DuPage River, so as to constitute floating

debris and/or unnatural color in violation of Rule 203(a)

 of the

Regulations.

 In addition it is alleged that the discharge from

the retention ponds or lagoons exceeded 400 fecal coliforms per

100 ml in violation of Rule 405 of the Regulations and caused visible

floating solid materials exceeding 200 mg/i of BOD and

 25 mg/l

of suspended solids to be discharged into the DuPage River

in

violation of Rule 404(b)

 of the Regulations.

Count

 4 of the Complaint alleges that Lombard caused or allowed

discharges from its combined sewers to enter basements and flow onto

sidewalks,

 lawns and streets, thus creating a threat of water

pollution in violation of Section 12(a)

 of the Environmental

Protection Act

 (Act)

 and a water pollution hazard in violation of

Section 12(d)

 of the Act.

The proposed Stipulation contains facts and admissions suffi-

cient to find the violations as alleged in the People’s Amended

Complaint filed on May 28, 1976.

 The proposed Settlement acknowledges

the problems caused by the aforementioned violations and proposes

a number of actions

 to be taken by Lombard

 to help correct the

problems.

 Included are maintenance and housekeeping schedules,

record keeping on sanitary sewer surcharging, detection and

correction of infiltration in sanitary sewers, separation of

combined sewer system, installation

 of storm sewers, dredging

of solids from the final lagoons, installation

 of new equipment

to control overflows and retain floating or suspended solids from

direct discharge, progress reports to be sent to the Office of the

Attorney General, etc.

The Board will accept Paragraph

 25 of the Proposed Stipulation

and Proposal for Settlement insofar

 as that paragraph indicates

the individual position of the parties herein, that a penalty

is not appropriate.

 The Board, however, expressly rejects

the proposition that parties to a Stipulation before the Board

may demand,

 as a part of that Stipulation, that the Board not

assess a penalty if it should find one appropriate.

The Board finds the Stipulation and Proposal for Settlement

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204

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a reasonable resolution of this action and will accept it as such.

Recognizing the fact that the monies assessed in a penalty would

be better spent on execution of the provisions in the Proposed

Settlement,

 no penalty will be assessed

 in this matter.

This Opinion constitutes the Board’s findings of fact and

conclusions of law.

Mr. Goodman abstains

ORDER

It

 is the Order of the Pollution Control Board

 that:

1.

 The Village of Lombard is found in violation of

Rule 602(b),

 203(a),

 405,

 404(b)

 of the Illinois Pollution Control

Board’s Water Pollution Regulations and Sections 12(a)

 and 12(d)

of the Environmental Protection Act in the operation of its sewage

treatment system.

2.

 The Village of Lombard shall carry out the procedures

as set forth in the Stipulation and Proposal for Settlement

 filed

with the Board on June

8,

 1976, which Stipulation and Proposal

for Settlement 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

Bo r~ hereby certify the above Opinion and O;der were adopted on the

~__day

 of August,

 1976 by a vote of

_____________________

stan

Illinois Pollution

 Board

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