ILLINOIS POLLUTION CONTROL BOARD
    February
    3,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75—402
    VILLAGE OF CREVE COEUR,
    )
    Respondent.
    MR. FREDRIC BENSON, Assistant Attorney General, appeared for
    the Complainant;
    MR.
    J. MICHAEL MATHIS, appeared for the Respondent.
    OPINION AND ORDER OF
    THE
    BOARD
    (by Mr. Dumelle):
    This matter comes before the Board pursuant to the June 18,
    1976 Interim Drder
    of the Board remanding this enforcement action
    to the parties
    for the purpose of preparing a detailed compliance
    schedule.
    Such schedule was presented to the Board on October
    29,
    1976.
    The Complaint in this matter was filed on October
    15,
    1975
    by the Environmental Protection Aqency against the Village of
    Creve Coeur, Tazewell County,
    Illinois.
    The Complaint alleges
    that the Creve Coeur Village operated its sewage treatment plant
    so as to violate Water Pollution Regulations
    403,
    405, and 1201 and
    Section
    12(a)
    of the Act.
    At the April
    28,
    1976 hearing, Creve
    Coeur admitted to these violations
    (R.
    3).
    The only issue in
    this case,
    therefore, has been regarding the fashioning of
    a
    remedy.
    The character of the vio1nt-ion~ in t-hi~case
    is essentially
    thu
    t
    ci
    u
    I uck
    ci
    hid
    LilLunaXice
    which
    icsul
    Lcd
    in
    Lliu
    discharye
    of
    improperly treated wastewater
    into the Illinois River.
    However,
    the crux of
    the entire matter
    is the absence of a properly
    certified plant operator.
    The pollution could have been easily
    prevented by the use of technically practicable and economically
    reasonable means.
    While the environmental injury was not
    severe it was nevertheless unreasonable.
    The social and economic
    value of the sewage treatment plant and the suitability of
    the site are not significant issues in this case.
    24
    —
    669
    —L—
    The record
    in this case is replete with explanations and
    excuses
    for the admitted violations.
    After having carefully
    weighed the factors of Section 33(c)
    of the Act,
    the
    Board
    finds
    that a penalty is necessary in this case.
    However,
    the
    particular
    facts
    of this case demonstrate substantial mitigation.
    There
    is evidence that Creve Coeur,
    like other similar
    small municipalities,
    has had acute financial and management
    problems.
    Similarly,
    there is some evidence of attempts
    to
    remedy the problem prior
    to the filing of the instant Complaint.
    It is the Board’s judgment that a penalty of
    $200.00
    is
    adequate to discourage the past conduct of Creve Coeur
    and yet not be so harsh as to overshadow its present substantial
    efforts
    to remedy those past violations and assure that they
    do not recur
    in
    the future.
    On October
    29,
    1976 the parties
    in this case tiled
    a
    Status Report and Proposed Compliance Schedule.
    According
    to that Schedule the only task not
    yet
    completed would be
    the provision of
    a stand—by power source at the plant by
    March
    1,
    1977.
    The Board will accept the jointly proposed
    Compliance Schedule.
    This Opinion constitutes
    the Board’s findings of fact
    and conclusions
    of
    law,
    Mr. Young abstains.
    ORDER
    1.
    Respondent Village of Creve Coeur, Tazewell County,
    Illinois is hereby found to have violated Water Pollution Regulations
    403,
    405,
    and 1201
    and
    Section
    12(a)
    of the Environmental Protection
    Act.
    2.
    Respondent Village of Creve Coeur shall pay to
    the
    State of Illinois,
    as
    a penalty for the aforesaid violations,
    the sum of
    $200.00.
    Payment shall be made by certified check
    or money order, within
    35 days of the date of this Order, to:
    24
    —
    670
    —3—
    State of Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois 62706
    3.
    Respondent
    Village
    of
    Creve
    Coeur
    shall
    fully
    comply
    with
    its October
    29,
    1976 Proposed Compliance Schedule, which
    is hereby
    incorporated
    by
    reference
    into
    this
    Order
    as
    if
    fully
    presented
    herein.
    IT
    IS
    SO
    ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Boara, hereby certify the above Opinion and Order were adopted on the
    3k
    day of February,
    1977 by a vote of
    4/....O
    Christan L. Motfet~/)Clerk
    Illinois Po11utior~”~6ntrolBoard
    24
    —
    671

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