ILLINOIS POLLUTION CONTROL BOARD

January

6, 1977

PEOPLE OF THE STATE OF ILLINOIS

)

and the ENVIRONMENTAL PROTECTION

)

AGENCY,

)

ComplainantS,

)

)

v.

)

PCB

75—95

PCB 75—118

)

STAR UTILITY COMPANY,

an

Illinois

)

corporation,

and

MIDWEST

UTILITY

)

COMPANY, an Illinois corporation,

)

)

Respondents.

Honorable William J.

Scott,

Attorney General, by Ms. Mary C. Schlott

and Ms. Dorothy J. Howell, appeared on behalf of the Complainants;

Mr. Daniel

3. Kucera of Chapman & Cutler, appeared on behalf of

Star Utility Company;

Mr. Charles Atwell,

Sr. appeared on behalf of Midwest Utility

Company.

OPINION AND

ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

This

matter

comes

before

the

Pollution

Control

Board

upon

the

Second Amended Complaint filed by the Environmental Protection

Agency

(Agency) and the People of the State of Illinois

(People)

aqainst Star Utility Company

(Star)

and Midwest Utility Company

(Midwc’s;I- )

on

Aucju:;L

20,

1 9’lS.

J1es

r i

ml:;

w’’rt’

lie

PcI

in

lii is

matter

on

Auqust

6,

1975,

October

24,

1975,

awl

November

1,

1975,

at

tho

Village Hall, Orland Park, Illinois.

At a fourth hearing held on

March

4,

1976, the parties entered into a Settlement Stipulation.

On April

8, 1976,

the Board rejected the Stipulation because it in-

cluded, as a condition precedent to compliance,

a rate increase

depending entirely upon the decision of the Illinois Commerce

Commission.

On October 27,

1976, the parties submitted another

Settlement Stipulation, which the Board will address herein.

The Second Amended Complaint filed in this matter charged

Respondents with several violations of the Environmental Protection

24—497

---

—2—

Act

(Act)

and the Water Pollution Regulations

(Chapter

3)

in the

ownership

and operation of

a public water supply and sewage treatment

system in an unincorporated area

in Orland Township,

Cook County,

Illinois,

adjacent to the northern boundaries

of the Village of Orland

Park.

In its service

are-a, Star

owns, operates

anc~

maintains

a pui’,Iic

water supply and distribution

system,

including

a well,

3 pressure

tanks,

and

an integrated system of mains,

hydrants and appurtenances

thereto.

The source of water supply of Star is

underground water

drawn from

a well.

Upon being drawn from the well, water receives

chlorination for disinfection and fluoridation.

Star maintains a

program for the regular flushing of its mains and hydrants.

In its

service area Star also owns, operates and maintains

a sewage treat-

ment plant and the sewage collection systems tributary thereto.

From

1968,

when Star commenced operations,

to January,

1976,

Midwest pro-

vided management and operation services to Star under

a contractual

relationship, and was responsible for the operation and maintenance

of Star’s water and sewer plants and systems.

Specifically, the Complaint charged Respondents with failing to

adequately chlorinate their public water supply, distributing water

containing offensive odor and offensive taste,

and distributing water

without adequate pressure in violation of Section 18 of the Act; allow-

ing excess infiltration into and overflows from the sanitary sewers

in

violation of Rule 602(b)

of Chapter

3 and Section 12(b)

of the Act;

failing to operate their sewer system so

as

to minimize violations of

applicable standards during various adverse contingencies

in violation

of Rule 601(a) and Section

12(b)

of the Act; violating the DOD and

suspended solids

effluent

standards

of Rule 404tf); violating the

fecal coliform effluent standards of Rule

405;

and violating the

mercury, phenols or oil effluent standards

of Rule

408.

The parties stipulate that some customers

of Star’s water system

experienced occasions

of odor,

taste,

low pressure or service inter-

ruption at taps within the home and that some customers experienced

occasions of sewage backups

at drains within the home.

The Stipu—

lation indicates that, had hearings been completed,

Complainants’

witnesses

would

have

presented

c’vi dence

of nine dates on which the

o ff1

ucn

t.

d

i sulia

:rqed from the sewage

Lrea

Linen t:

p

Lan

L

con tamed

DOD

and/

or

suspended

soti

ds

in

amounts

exceeding

Lhe

standards

of

RuLe

404(f~

of

the Water Regulations and of four dates

on which the effluent

contained oil

(hexane solubles or equivalent)

in amounts exceeding

the standards of Rule 408(a).

The parties further stipulate that

performance of additional operation and maintenance functions could

have prevented or alleviated

some of the above conditions.

For

purposes of settlement,

Respondents have presented no evidence in

the Stipulation

to controvert such evidence submitted on behalf of

Complainants.

However,

the parties

do stipulate

that operating data

24

—

498

---

indicates

that operation

of

the water and sewer plants has been sub~-

stantially

improved.

The Stipulation indicates that Midwest and Star terminated their

relationship

in

January,

1976,

and that Midwest no longer provides any

services

on

behalf

of

Star.

In

the Stipulation, Midwest

agrees

to

waive any defense.

After termination of its relationship

with

Midwest,

Star directly employed a new certified water plant operator and a new

certified sewage treatment plant operator.

In addition, Star assumed

administrative duties previously

performed

by

Midwest,

The Stipulation

furthermore indicates that Star

is engaging

in negotiations with the

Village of Orland Park for the possible sale of its water and sewer

systems

to the Village,

in which case the Village would connect Stares

sewage collection system to lines of the Village which discharge

to an

interceptor of the Metropolitan

Sanitary

District,

and operation of the

sewage treatment plant would be

discontinued.

The

Stipulation

also

details the limited financial resources Star has had with which to make

improvements to the system.

Should

Star

sell its utility system to

the Village,

some of the capital

improvements

would no longer be

necessary.

Star has agreed to carry out an extensive Program as to

its sewage

treatment plant and sewers as well as

to its public water supply

system.

Star~s compliance plan is no longer contingent upon approval

of a rate increase by the Illinois

Commerce

Commission.

Furthermore,

Star has agreed

to remit the sum of

$1,000.00

to

the

State,

and

Midwest has agreed to remit $250.00.

The

Board

finds that the agreed-

upon Programs are adequate to

ensure

that

compliance

with the Act and

the Board~sRules and Regulations

will

be

achieved,

Based upon the

Settlement Stipulation submitted by the parties,

the Board finds that

Star and Midwest violated Section 12(b)

and Section 18 of the Act and

Rules 602(b),

601(a),

404(f)

and 408(a)

of Chapter

3.

Because

no

evidence was presented on violation of the fecal coliform effluent

standards, Count

IV of the Second Amended

Complaint

is hereby dis-

missed.

The Board will order Star to pay $1,000.00 and Midwest

to pay

$250.00

as a penalty for said violations and will order Star to comply

with the Programs detailed

in

the

Stipu1nt~ ion.

Th i s Opin ion reprcn:;cnts

the

fi

ndinqs

ol

i~ict

dud

conc.1

us

tons

of

law of the Board in this matter.

ORDER

It

is the Order of the

Pollution

Control Board that:

1.

Star Utility Company and

Midwest

Utility Company

are found to have violated

Sections

18

and

12(b)

of the

24

—

499

---

—4—

Environmental Protection Act and Rules

602(b),

601(a),

404(f)

and 408(a)

of the Board’s Water Pollution Regu—

lations

(Chapter 3).

2.

For said violations,

a penalty

of $1,000.00 is

assessed against Star, and a penalty of $250.00

is

assessed against Midwest, penalty payment by certified

check or money order to be paid within

35 days of the

date of this Order to:

State of Illinois

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield,

Illinois

62706

3.

Respondent Star shall comply with the Programs

as to

its sewage treatment plant and sewers

as well as its public

water supply,

as outlined in the Stipulation submitted by

the parties on October 27,

1976.

4.

Count IV of the Second Amended Complaint

is hereby

dismissed.

Mr. Young abstained.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Board,

hereby certify the above Opinion and Order were adopted on

the~day

~

1977 by a vote of

~

In ~

Christan

L.

Moffett,

rk

Illinois Pollution C

ol Board

24

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