ILLINOIS POLLUTION CONTROL BOARD
April
8,
1976
ENVIRONMENTAL PROTECTION AGENCY
Complainant,
PCB 73—316
CITIZENS UTILITIES COMPANY OF
)
ILLINOIS,
Respondent.
-
and
-
CITIZENS UTILITIES
COMPANY
OF
ILLINOIS,
Complainant,
v.
)
PCI3 74—279
(Consolidated)
VILLAGE OF BOLINGBROOK, ILLINOIS,
an Illinois municipal corporation,
Intervening Petitioner,
and cross Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr.
Goodman):
On August
1,
1973, the Environmental Protection Agency
(Agency)
filed
a Complaint, PCB 73—316,
against Citizens Utilities Company
of
Illinois
(Citizens).
The Complaint charged that Citizens violated
Rule 602(b)
of Chapter
3, Part VI of the Board’s Water Pollution
Control Regulations by operating its sewage treatment Plant No.
1
in
Bolingbrook and the tributary collection system in
a manner which
caused or allowed excess infiltration into and overflows from the
sanitary sewers; that Citizens violated Rule 601(a)
of the Regula-
tions by failing
to operate Plant No.
1 and the tributary collection
system so as
to
minimize violations of applicable standards during
flooding, adverse weather, power failure, equipment failure, main-
tenance and similar contingencies;
that Citizens violated Rule 405
21—5
—2—
of the Regulations on one occasion;
that Citizens violated Section
12(b)
of the Environmental Protection Act
(Act)
by operating equipment
in violation of conditions
imposed by an Agency permit;
that Citizens
violated Rule 1002 of Chapter
3 by failing to
file a project comple-
tion schedule;
and that Citizens violated Section 9(a)
of the Act by
operating Plant No.
I
in a manner which caused or allowed
the dis-
charge of odors into the ambient atmosphere of the State of Illinois.
The village of Bolingbrook
(Village)
petitioned
the Board to
intervene,
and on April
18,
1974,
that Petition was granted.
On
July 23,
1974, Citizens
filed a Complaint, PCB 74-279, against the
Village alleging that the Village’s storm water
system is inadequate
and that,
therefore, any alleged excess infiltration into and over-
flows from Citizen’ sanitary sewers
is
a result of the Village’s
inadequate system,
in violation of Rule
602(b).
The Complaint also
alleged that standing storm water became stagnant, causing odor
emissions in violation of Section 12(b)
of the Act.
On February
20,
1976, PCB 73-316 and
PCF3
74—279 were consolidated.
Hearings on this matter commenced on April
2,
1974.
At the
hearinq,
the Agency presented witnesses who testified with respect
to sewage back-ups
in their homes and perceptions of offensive odors.
However, at the conclusion of the hearing on November
6,
1974,
the hearings were suspended, and
Ofl
January 20,
1976, the parties
submitted a Settlement Stipulation
(Stipulation)
in lieu of further
hearings.
In the Stipulation the parties indicate programs developed and
work done both prior and subsequent
to the filing of the Complaints.
Prior
to the filing of the Agency’s Complaint, Citizens began an
improvement of its system which included installing
seal tight man-
hole lids and frames,
cleaning and televising part of the collection
system,
purchasing an odortrol spray misting unit,
replacing the
underlayment of
the sludge drying beds, cleaning the sewer main,
and
other
improvements.
Subsequent to the filing of the Agency’s Complaint,
Citizens
began a more extensive program to help reduce the possibility of sewer
back—ups
into homes or odors from its plant.
This program included:
an increase
in on--site operating personnel;
employment of two engi—
ncerinq firms
to study the problem; installation of
a new sanitary
sewer
line;
improvements of Plant No.
1 including replacement and
addition of diffusers and blowers, installation of equipment for odor
control, and others;
employment of three graduate engineers;
and
other
improvements.
The total amount expended by Citizens as of
the date of
the Stipulation was $369,000.00.
In addition, Citizens
indicated that,
in
January of 1976,
it would
install additional
seal
tight manhole covers and,
if proven necessary,
would spot weld the
covers closed.
21 —6
3—
Subsequent
to
Citizens
Compla int,
the
Vii
ldqe
also
dc’vei C))Cd
and
implemented
a
program
to
improve
its
storm
water
collect
ion,
drainage
and
disposal
system
in
that
part
of
the
Village
served
by
Citizensu
sewer system tributary
to Plant. No.
1.
Based upon the
recommendation
of an engineering firm,
the Village instituted the
following improvements:
three swales were cleared, regraded, re-
shaped and
sodded
to
improve
the
flow
of
water;
reinforced
concrete
pipe and new inlets were installed;
corrugated
metal
pipe
was
in-
stalled
to replace
a damaged pipe;
the capacity of the retention
pond was
increased;
a new ditch was dug;
and other improvements were
impLementcd.
The total cost to the Village for this program was
$163,465.84,
The Village also indicates that
a new program has been
put into effect to inspect, clean and repair the drainage system
throughout the Village.
In addition,
the Village has purchased
sewer rodding and cleaning equipment at a cost of over $17,000 and
has ordered catch basin cleaning equipment due for delivery
in April,
1976 at
a ccst of approximately $46,000.
All three parties agree
that since completion of Citizens1
parallel sewer main,
and the improvements made by the Village
to its
storm
water
system,. except for a
few isolated and limited instances
of
back-up
cured
by
rodding
of
service
lines
or
other
localized
block-
ages,
there
have
been
no
reports
of
sewer
back—ups
into
homes
tribu-
tary
to
Plant
No.
1,
Citizens
has
observed
that
since
such
work
by
the Village,
in periods of high rainfall,
flows received at Plant No.
1 have been 300,000
to 400,000 gallons per day less than comparable
occasions before such work.
Except for limited occasions believed
to be arising from necessary disruptions
to Plant No.
1 as the
various improvements
thereto were under construction, there have been
no complaints by residents of odor allegedly arising from Plant
No.
1.
All the parties agree that the result of all the work done
by Citizens and the Village
is
to have effectively controlled the
alleged back-up and odor problems.
Neither
Citizens
nor the Village admit any violation of the Act
or
Regulations.
In
fact,
both
parties
indicate
that
were
hearings
to
continue,
they
would
produce
evidence
in
defense.
The
Stipulation
was submitted,
as all parties agree, merely as a settlement of the
matter
in order to avoid the
expense
and
delay of protracted and
complicated litigation.
In consideration of settlement of this matter,
Citizens has agreed
to pay $6,000.00 and the Village has agreed to
pay $1,500.00
to the State of Illinois.
The Board finds that Citizens and the Village have undertaken
an adequate program
to cure the problems complained of in this matter.
The interests of the public will best be served by resolution of the
21—7
—4—
issue
by
means
of
the
Settlement
Stipulation
rather
than
continued
litigation.
Therefore,
the
Settlement
Stipulation
is
accepted,
the
Board
will
forego
any
finding
on
the
question
of
violation,
and
Citizens and the Village are ordered to pay $6,000
and $1,500, re-
spectively,
in consideration of settlement of this matter.
This Opinion constitutes
the Board’s findings of fact and
conclusions of
law
in
this
matter.
ORDER
It
is
the
Order
of the Board that:
1.
Citizens Utilities Company and the Village of Bolingbrook
shall continue to carry out the programs they have developed and im-
plemented as indicated
in the Settlement Stipulation submitted by
the parties on January
30,
1976.
2.
In
consideration
of settlement of this matter,
Citizens
Utilities
Company
shall
pay
the amount of $6,000.00 and the Village
of
Bolingbrook
shall
pay
$1,500.00.
Payment
by
certified
check
or
money order shall be made within
45 days to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield,
:cllinois
62706
3.
The
Complaints
in PCB 73-316 and PCB 74-279 are hereby
dismissed.
Mr. Young abstained.
I, Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify- tb,eAabove Opinion and Order were adopted on the
_________day
of
,
1976 by a vote of_____________
~
~
Christan L.
Moffett,
Illinois Pollution Co
Board
21—8