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

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