ILLINOIS POLLUTION CONTROL BOARD

May

6,

1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—372

CITY OF BENLD,

Respondent.

Mr. Barry Forman, Assistant Attorney General, appeared on behalf

of Complainant;

Mr. J.E. Wenzel,

appeared on behalf of Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr.

Goodman):

This matter comes before the Board on a Complaint filed on

September

24,

1975,

by the Environmental Protection Agency

(Agency).

The

Complaint

consists

of

two

counts,

the

second of which pertains

to NPDES permit violations.

That Count was struck by the Board on

September

29,

1975.

Count

One

all~qes

that

the

City

of

Benid

(Benid)

(pop.

1,

736)

in

Macoupin

County,

has

(:)~Dera

Led

its

sewage

treatment

system

so

as

to

violate

Section

12(a)

of

the

Environmental

Protec-

tion

Act

(Act)

and

Rules

203(a),

402,

403,

405,

501(a)

and

1201

of

the

Board~s

Water

Pollution

Regulations.

On

October

16,

1975,

the

Agency

filed

a

Request

for

Admission

of Facts, pursuant to Rule

314

of

the

Board’s Procedural Rules.

There was no response from Benld on the Request

for Admissions.

Therefore,

the facts alleged therein are deemed admitted by opera-

tion of Procedural Rule

314(c).

A hearing was held on December

18,

1975 at which time Benld further stated that it had no objection to

the facts stated in the Request for Admission

(R.5).

Benid also

stipulated to the accuracy of the

54 exhibits submitted into evidence

by the Agency

(R. 10).

21

—313

---

—2—

The evidence and admissions are more than adequate for finding

of each violation alleged in the Complaint.

Some of the violations

include the discharge of inadequately treated sewage,

harm to the

stream,

excess ammonia nitrogen and fecal

coliforni

effluents,

poor

maintenance of the sewage plant and lack of a certified operator.

Benld’s STP discharges into an unnamed tributary of Cahokia Creek.

The issue before the Board

is the construction of a remedy which

will reflect the need for an incentive for Benld to exert maximum

efforts towards compliance.

In most instances

a substantial penalty

would provide such an incentive.

However,

in this instance the

violator has already made commitments to improve its plant’s opera-

tions.

Recognition is given to Projedt Optimize and its efforts to

encourage and assist municipalities to improve their treatment facili-

ties.

The Board finds that a new attitude of cooperation has been

exhibited by Benld and the Board feels that a large penalty in this

particular case would not serve any purpose.

In mitigation,

the Board has considered the positive attitude

of Respondent and its current efforts toward compliance.

Respondent

has cooperated with the Agency and is now in the process of bringing

the plant’s maintenance up to standard.

Some of the work has been

completed and the rest

is under a compliance schedule

(Ex.

54).

The

plant operator is currently enrolled

in a wastewater course and forma

training is underway.

However,

the duration and seriousness of these violations

warrants both a penalty and some assurance of future efforts by Benld

to bring their plant into compliance.

A penalty of $400.00 will be

adequate in this case.

The Board will also order Benid to adhere to

its Project Optimize compliance schedule

(Exhibit 54)

and otherwise

exercise diligence

in its efforts to improve the plant’s operations.

This Opinion constitutes the Board’s findings of fact and

conclusions of

law.

ORDER

1.

The Pollution Control Board finds Respondent City of Benld

to have violated Section 12(a)

of the Environmental Protection Act

and Rules 203(a),

402,

403,

405,

501(a) and 1201 of the Board’s

Water Pollution Regulations.

21—314

---

—3—

2.

Respondent City of Benld shall pay

a penalty for the aforesaid

violations the sum of $400.00 payment to he made by certified check

or money order 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 City of BenlcI shall adhere to the Compliance

Schedule as enumerated

in Exhibit

54 and shall complete all phases

of said compliance plan by July

15, 1976.

IT IS SO ORDERED.

Mr. Young abstained.

I, Christan L.

Moffett,

Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order weçe adopted on the

(Q1V\

day of

(Y\

,

1976 by a vote of

~

Illinois Pollution Con

Board