ILLINOIS POLLUTION CONTROL BOARD
    June
    18,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v
    )
    PCB 75—507
    COUNTY
    OF
    LAKE
    -
    DEPARTMENT
    OF
    PUBLIC
    WORKS,
    Respondent.
    Ms. Mary Schlott, Assistant Attorney General, appeared on behalf
    of
    Complainant
    Mr.
    Gary Neddenriep, Assistant State’s Attorney, appeared on behalf
    of Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    upon the December 31,
    1975 Complaint of the Environmental Protection
    Agency
    (Agency) charging the Respondent County of Lake,
    Department
    of Public Works
    (County) with operating a Sewage Treatment Plant
    in
    violation of Rules
    203,
    403,
    404,
    405 and 1201 of the Water Regula-
    tions and Sections 9(a) and 12(a) of the Environmental Protection Act
    (Act).
    A hearing was held May 13,
    1976.
    A Stipulation of Fact and a
    Proposed Compliance Plan was received by the Board on May 17,
    1976.
    The County owns and operates an activated sludge treatment plant
    known as the Countryside Manor STP serving an unincorporated area
    with a population of 790 persons.
    Its effluent is discharged into
    the Des Plaines River via an unnamed tributary having a dilution
    ratio of less than one to one.
    The Respondent admits the violations
    as alleged in the Complaint on the dates
    in question as to odor
    yb--
    lations and the operation without a certified sewage treatment plant
    operator.
    The Respondent stipulate that the filed reports
    (Ex.
    2)
    are accurate.
    These reports support a finding of violation of Rules
    203,
    403,
    and 405.
    However due to the sampling methodology,
    a Rule
    22—157

    —2—
    404 violation cannot be found.
    The Parties stipulate that
    it is
    technically
    feasible to control the effluent quality and the odor
    violations and that said control would not impose an economic hard-
    ship on the
    Respondent.
    The Parties stipulate to the following compliance plan:
    a)
    An operator, holding a Class
    4 certificate or better,
    and an assistant shall each spend a minimum of two man-hours
    daily on weekdays for needed operation and maintenance.
    b)
    Department personnel shall make at least one other visit
    daily to the plant to check for irregularities in operation.
    c)
    On weekends, personnel shall check out the plant once
    daily.
    d)
    Personnel shall be on call seven days a week,
    24 hours
    a day,
    and respond promptly to reports of operational problems.
    e)
    Permanent polymer addition facilities shall be installed
    to enhance final effluent quality.
    f)
    The operator shall have sufficient time at the plant
    to
    perform daily the necessary plant control tests,
    as specified
    in Table No.
    2 of Water Pollution Control Technical Policy No.
    20—24 for plant capacities of 0.1 mgd.
    g)
    Sufficient laboratory manpower shall be provided to
    analyze all samples required by the procedures specified
    in sub—paragraph F above and any others required by law.
    Results shall be recorded daily and submitted monthly to the
    Agency.
    h)
    Effluent monitoring shall be performed at the frequency
    specified by the NPDES permit,
    using composite sampling, unless
    an alternate method is approved by the U.S. Environmental
    Protection Agency.
    1)
    Decanting of the plant digester shall take place during non-
    critical periods and at a time when the operator is
    readily
    available to assess operating conditions,
    so
    as to keep decanting
    time to a minimum.
    22—158

    —3—
    1)
    The department shall acquire any additional permits
    required by this Program.
    The Parties stipulate that the Program will cost an additional
    $3,400.00 this year and $7,000.00 annually.
    It is also stipulated
    that the implementation of the Compliance Plan should prevent further
    violations of the Rules complained of herein.
    It
    is expected that
    the area will divert its sewage to the Libertyville STP by the fall
    of 1977.
    Robert J.
    Degen,
    Director of Public Works, testified that
    sub-
    stantial compliance with the plan has been effected.
    However,
    he
    admits that construction and operating permits have not been obtained
    and that as the composite sampler has not been purchased, grab samples
    are being used
    (R.l3-26).
    The Board finds the violations on the dates alleged, except the
    alleged violations of Rule 404.
    The Board finds the Compliance Plan
    to be adequate.
    The Board has no reason to question the social and
    economic value as well as
    the suitability of the STP to the area,
    but that value and suitability is severely diminished when it is
    operated in violation of pollution regulations.
    The technical feasi--
    bility and economic reasonableness of compliance
    is admitted.
    After
    considering the factors in Section 33(c)
    of the Act, the Board finds
    that a penalty is appropriate.
    Here,
    the Respondent could have com-
    plied with the Board’s Regulations and the Act without hardship.
    Yet, the Agency was forced to file a Complaint before Compliance
    Plans were initiated.
    A penalty of $300.00
    is found to be appropri-
    ate.
    This Opinion constitutes the Board’s findings of fact and con-
    clusions of law in this matter.
    ORDER
    It is the Order of the Board that
    1.
    County of Lake,
    Department of Public Works at its Country-
    side Manor STP is
    found to have violated Rules
    203,
    403,
    405,
    and 1201 of the Water Regulations and Sections 9(a) and
    12(a)
    of the Act
    as alleged in the Complaint herein.
    22—159

    —4—
    2.
    Respondent is assessed a penalty of $300.00 for said vio-
    lations.
    Said penalty shall be paid by certified check or money
    order within thirty-five days of the date of this Order to:
    State of Illinois
    Environmental Protection Agency
    Department of Fiscal Services
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    Respondent shall conform to the Compliance Plan found in
    Paragraph 22 of the Stipulation which
    is hereby incorporated by
    reference as though.fully setforth herein.
    4.
    The alleged violation of Rule 404 of the Water Regulations
    is dismissed.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify t e above Opinion and Order were adopted on
    the
    ~
    day of
    ,
    1976 by a vote of_____________
    Christan L. Mo fett,
    Illinois Pollution Co
    Board
    22—160

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