ILLINOIS POLLUTION CONTROL BOARD

January

8,

1976

PEOPLE OF

TIlE

STATE OF ILLINOIS,

Complainant,

v.

)

PCB 75-72

CITIZENS UTILITIES COMPANY OF

ILLINOIS,

an Illinois corporation,

Respondent.

Frederic J. Entin, Assistant Attorney General, Attorney for

Complainant

Daniel J.

Kucera, Attorney for Respondent

OPINION AND ORDER OF THE BOARD

(by Mr. Young):

This case arises out of a Complaint,

filed by the People

of the State of Illinois

(People) on February 14, 1975

alleging

that Respondent, Citizens Utilities Company of Illinois, an

Illinois corporation

(Citizens)

owned and operated a sanitary

sewage collection system located in the Fernway Subdivision of

the Village of Orland Park and in the Village of Westhaven,

Cook County,

Illinois in a manner which caused or allowed ex—

cessive infiltration into, and overflows from,

their sanitary

sewers in violation of Rule 602(b)

of the Water Pollution Regu-

lations

(Chapter

3)

and Section 12 of the Environmental Pro-

tection Act.

The Complaint alleges that the violations took

place from April

16,

1972 through February 14, 1975 including

but not limited to December 13,

1974; January 10, January 11,

and February 10,

1975.

Rule 602(b)

expressly prohibits overflows from sanitary

sewers and also requires that excess infiltration into sewers

be eliminated,

and that the maximum practicable flow be conveyed

to treatment facilities.

Citizens filed a Motion to Dismiss on March 10,

1975 to

which the People responded in opposition on March 12,

1975.

The Motion to Dismiss was denied and the cause ordered to be

set for hearing by the Board on March

13,

1975.

A pre—hearing

conference was held July 29, 1975 at which

time the parties

advised

the

Hearing Officer that settlement negotiations were

in progress.

Hearing was held on September 10, 1975 at which

time

a Settlement Stipulation

(Stipulation), executed by counsel

for both parties; was entered into the record.

No additional

19— 557

---

—2—

evidence was adduced at the hearing;

no members of the public

were present.

The parties

stipulated that Citizens provides

public water and sanitary sewer service to approximately 700

customers

in the Fernw~ySubdivision of the Village of Orland

Park and in the Village of Westhaven,

both

in Cook County,

Illinois,

pursuant to certificates of convenience and necessity

issued by the Illinois Commerce Commission.

The sanitary sewer system serving the area and owned and

operated by Citizens originally included a sewage treatment

plant which was taken out of service and subsequently dismantled

in August of 1973 after completion

of

a 4.5 mile force main

which discharges the collected wastes

to. the facilities of the

Metropolitan Sanitary District of Greater Chicago.

During

1971-

1972 Citizens undertook the inspection and repair of the entire

system, one phase of that program was initiation of construction

for the connection to MSDGC described above.

As

a result of the

inspection was

a determination that a gravity-flow sewer main

between Westhaven and Fernway Subdivision was not in satisfactory

condition and it was replaced by a temporary fbrce main and lift

station during June 1973

(Stip.

p.

5).

The parties also stipulate that from June 1973 until May

1975 operating difficulties at the temporary lift station caused

sewage to backup in the collecting sewers causing raw sewage

overflows into the basements of at least ten residents of West—

haven and that also raw sewage overflowed

from sanitary sewer

manholes located on the residents’ property

(Stip.

p.

6).

The Stipulation further indicates that failure

of the lift

station pump was due to clogging frpm such debris as construction

materials

and toy balls

and that on at least three instances

a

portable punrn was utilized out of necessity while the lift

station pump was pulled for repair of damage occasioned by the

debris.

Because of these operational difficulties Citizens under-

took

to modify the temporary lift station and to add a stand-by

second pump;

construction of these improvements was complete in

May 1975

(Stip.

p.

6).

However, before completion of the improve-

ments

the temporary lift station pump again clogged from debris

on January 10 and 11, 1975 and on February 10, 1975 again causing

raw sewage overflows into basements and from manholes.

Since

completion of the modification work on the lift station in May

1975,

no operational difficulties have been experienced

(Stip.

p.

8).

The parties further stipulate that Citizens has expended

the sums of $1,500,000.00 for construction of the 4.5 mile force

main to connect to MSDGC

(Stip.

p.

3);

$33,000.00 for visual and

television inspection and cleaning of the system

(Stip.

p.

3);

$112,000.00 for system rehabilitation and repair

(Stip.

p.

3);

and,

$24,000.00

for the modification of the temporary lift statici

(Stip.

p.

8).

19— 558

---

—3—

Because of the successful operation of the temporary lift

station as modified since May 1975,

the parties propose that under

the circumstances outlined above and more fully set forth in the

Stipulation that no monetary penalty should be assessed by the

Board.

It is clear that an adequate remedy to the problem is now

being implemented by Citizens.

On the basis of the above and the Stipulation, which consti—

tutes the entire record

in this case, we find that Citizens did

violate the Act and Regulations

as charged in the Complaint by

operating a sanitary sewage collection system in violation of

Rule 602(b)

of the Water Pollution Regulations

(Chapter

3)

and

Section 12 of the Act.

No penalty will be imposed.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1.

Respondent, Citizens Utilities Company of Illinois,

is

found

to have operated a sanitary sewage collection system in

the Fernway Subdivision of the Village of Orland Park and in

the Village of Westhaven, Cook County,

Illinois in violation of

Rule 602(b)

of the Water Pollution Regulations

(Chapter

3)

and

Section 12 of the Environmental Protection Act.

2.

Respondent, Citizens Utilities Company of Illinois,

shall

comply with and do all things agreed in items

(a)

through

(d)

of

the Settlement Stipulation of September

10, 1975 by and between

Respondent Citizens Utilities Company of Illinois and the Complainant

People of the State of Illinois which

is hereby incorporated into

this Order by reference as

if fully set forth herein.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order were

adopted on the

________

day of _______________________,

1976

by

a vote of

4-~

Christan L.

Moffett,/

rk

Illinois Pollution C

rol Board