ILLINOIS POLLUTION CONTROL BOARD
October 9, 1s75
PEOPLE OP THE STATE OP
ILLINOIS
)
)
Complainant,
)
vs.
)
PCB 75—87
)
EARL E. CAZEL, 6/b/a
SENECA WILDLIFE)
MOBILE HOME PARK,
)
)
Respondent.
JOAN WING,
Assistant
Attorney General for the Complainant
LAWRENCE BAXTER, Attorney for Respondent
OPINION
AND
ORDER OF
THE BOARD (by Mr. Henss):
The Environmental Protection Agency alleges that Earl Cazel,
d/b/a Seneca Wildlife Mobile Home Park operated a èeptic system
without an operating permit in violation of Rule 903 (c) (3) of the
Illinois Water Pollution Control Regulations arid Section 12(a)
of the EnvircSnnental Protection Act. A public hearing was held
on June 19, 1975.
Before resolving the substantive issues of this
case one
procedural matter must be discussed. The Complaint alleges a
continuing violation of Rule 903(c) (3) and Section 12(a) fran
June 30, 1974 to February 21, 1975, the date of filing of Complaint.
The Board made certain amendments to its Water Pollution Control
Regulations effective October U. 1/-..
In these changes former
Rule 903
(operating permits) was modified and redesignated as
Rule 953.
New
Rule 903 does not deal with any
matter relating
to the instant proceeding. While the Agency could have alleged a
violation of Rule 903(c) (3) from June 30, 1974 through October 10,
1974 and Rule 953 from October 11, 1974 to February 21, 1975, it
failed to do so. Therefore, the Board will consider evidence
bearing on the alleged violations of Rule 903(c) (3) only for the
period June 30, 1974 through October 10, 1974.
Cazel began planning the 7 1/2 acre mobile home facility in
1971. An engineering fin was employed to develop the facility
and secure
permits, including any permits required from the Agency.
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—2~-
A permit application detailing use of a sand filter system for
sewage treatment was submitted to the Agency in December 1971
(R. 23) Finding a number of deficiencies in the application,
the Agency denied the permit. After the permit was denied
Cazel decided to abandon the sand filter system and allow the
engineering firm to decide whether it was necessary to obtain a
permit for the new system CR. 40, 53).
Ten mobile home pads were constructed in late 1971. The
first tenant moved into the facility that same year. In order
to handle the sewage disposal requirements, 1,000 gallon concrete
septic tanks were installed. Each septic tank handles sewage
waste for two trailer pads. From the septic tanks the sewage
flows through a 10~ plastic pipe to a distribution box and then
to an 80~ x 24~ filtration field. Each filtration field consists
of 2” gravel covering the plastic pipes, three or four bales of
straw and a final cover of 8” of dirt. One filtration field is
provided for each septic tank.
Within one year after the facility was first occupied,
Respondent was operating five septic tanks. Occupancy has in-
creased to the point that 12 septic tanks are now in operation
for 23 trailer pads. A total of 18 trailer pads are actually
occupied serving 48 people. Flow to the septic tanks consists
entirely of human related waste CR. 18). Permit approval was
obtained from the Illinois Department of Public Health CR. 28).
(That permit has now been revoked for reasons unexplained but
purportedly not connected with the instant issue.)
In defense of his failure to secure the permit, Cazel
testified that the engineering firm had told him no permit was
required after the sand filter system was abandoned. Carter
Sarver, a partner in the engineering firm, substantiated Caze1~s
testimony stating he had talked to both the Agency and the De-
partment of Public Health by teiepbone~ Sarver testified that
the Agency had told him to “go to Public Health” CR. 46).
After receiving the Complaint~ C~zel instructed the
engineering firm to submit another permit application to the
Agency. On July 31, 1975 attorney for Respondent forwarded to
the Hearing Officer a copy of an Agency permit issued to Cazel
on July 18, 1975. It is obvious from the permit that Cazel
now
intends to upgrade the wastewater treatment works at the trailer
park (e.g~ a duplex lift station with two 100 gpm pumps,
chlorination facilities, baffled chlorine contact tank, etc.).
Cazel testified he has received no complaints about the
septic system operation from neighbors. In the only reported
operational difficulty, sewage from one filtration field came
to the surface allegedly due to an abundance of washing machine
effluent from two trailers. Cazel apparently solved this problem
by enlarging the filtration field and adding more gravel.
19—Il
—3—
Former Rule 903(c) (3) states that an operating permit is
required by June 30, 1974 for “treatment works receiving waste—
water with a population equivalent of under 10,000 with at least
60 of the loading being sewage.” Former Rule 903(b) states
“operating permits are not required for treatment works and
wastewater sources that are designed and intended to serve a
single building and eventually treat or discharge the sewage
of 15 or less persons”.
in order to qualify for an exemption under former Rule 903 (b)
Respondent is required to meet two conditions. The treatment
works must serve a ~e building and treat or discharge the
sewage of 15 or less persons. Althouah each septic tank receives
sewage of ~
less persons”, Respondent fails to meet the
“single building” requirement. Each treatment works serves two
buildings.
Respondent argues that if the Board concurs in Agency
reasoning in this matter, all rural Illinois towns now using
septic tanks “for each residence” are in violation of the law.
This argument leads us to believe that Respondent has looked
past the “single building” criteria to the “15 persons” criteria.
The Regulation does not apply to each residence.
The record shows that Respondent was given incorrect permit
information by the engineering firm. This information, purportedly
based upon some form of communication with the Agency, is not
substantiated in the record. This mitigates penalty somewhat,
as does the fact that Respondent finally did obtain a permit from
the Agency.
It is the finding of the Pollution Control Board that Re-
spondent did fail to secure a required operating permit in
violation of Rule 903(c) (3) and Section 12(a). A monetary penalty
in the amount of $100 is appropriate.
It is the Order of the Pollution Control Board that Earl
E. Cazel, d/b/a Seneca Wildlife Mobile Home Park, shall pay to
the State of Illinois by November 15, 1975 the sum of $100 as a
penalty for the violations found in this proceeding. Penalty
payment by certified check or money order payable to the State
of Illinois shall be made to: Fiscal Services Division, Illinois
EPA, 2200 Churchill Road, Springfield, Illinois 62706.
I, Christan L, Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify th~pabove Opinion and Order was adopted
the ~~day
of
~
1975 by a vote of ~
ntrol Board
19—12