ILLINOIS POLLUTION CONTROL BOARD

October 17, 1974

ENVIRONMENTAL PROTECTION AGENCY

)

COMPLAINANT

)

v.

)

PCB 74—191

HAROLD MACKEY, ELLEN GARVER, HERBERT

)

MILLS,

THOMAS

SPRAGGON, ROBERT HOWE,

)

DOROTHY POTTER, AND PETER LENHAUSEN

RESPONDENTS

MR.

MARVIN BENN, ASSISTANT ATTORNEY GENERAL, in behalf of the Environ-

mental Protection Agency

MR. BRADLEY 3. SCHWAGER, ATTORNEY, in behalf of Harold Mackey, Ellen

Garver, and Robert Howe;

MR. STEPHEN C. MYERS and MR. MICHAEL BEGAN, ATTORNEYS, in behalf of

Peter Lenhausen;

MR. EDWARD X. RASHID, ATTORNEY, in behalf of Larry Courey

OPINION AND ORDER OF THE BOARD (by Mr. Marder):.

This case comes to the Board on complaint of the Environmental Pro-

tection Agency, dated May 24, 1974, charging the above-captioned re-

spondents with violations of the Environmental Protection Act, Rules

and Regulations of the Illinois Sanitary Water Board (hereinafter re-

ferred to as SWB) as follows:

In operation of a septic tank system which discharges into a

common catch basin which discharges into a natural water course

tributary to the LaSalle County Vermillion River:

1. Violated Section 12 (a) of the Environmental Pro-

tection Act by allowing discharge of contaminants

into a natural water of the State of Illinois;

2. Violated Section 12 (d) of the Environmental Pro—

tection Act by allowing a discharge of contaminants

onto land, thereby creating a water pollution haz-

ard;

3. Violated Rule 1.03 (a) of SWB—l4 by allowing a dis-

charge which contained substances which settled to

form putrescent and otherwise objectionable sludge

deposits;

4. Violated Rule 1.03 (c) of SWB-14 by causing the wat-

ers of an unnamed tributary to the Vermillion River

to contain unnatural color, odor, and turbidity;

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5. Violated Rule 1.03 (d) of SWB—l4 by causing

waters of the unnamed tributary to the Vermill-

ion River to contain substances which are toxic

or harmful to humans, animals, plants, or aquat-

ic life;

6 Violated Rule 1.07 (1) of SWB—l4 by causing the

waters of the unnamed tributary to the Vermill-

ion River to contain substances that will settle

to

form

putrescent or otherwise objectionable

sludge deposits at the point at which water is

withdrawn for use for agricultural or stock wat-

ering purposes;

7. Violated Rule 1.07 (3) of SWB—14 by causing the

waters of the unnamed tributary to the Vermillion

River to contain materials producing color, odor,

or other conditions in such a degree as to create

a nuisance at the point at which it is withdrawn

for use for agricultural or stock watering purp-

oses;

8 Violated Rule 1.07 (4) of SWB—14 by causing the

waters of an unnamed tributary to the Vermillion

River to contain substances in concentrations or

contaminants which are toxic or harmful to human,

animal, plant or aquatic life at the point at

wiich water

is withdrawn for use for agricultural

or stock watering purposes;

9.

Violated Rule 203 (a) and 402 of Chapter 3, Rules

and Regulations of the Pollution Control Board,

by causing or allowing waters of the unnamed tri-

butary to the Vermillion River to contain unnatur-

al sludge or bottom deposits, odor, and unnatural

color and turbidity;

10. Violated Rules 205 (a) and 402 of Chapter 3 of the

Board’s Rules and Regulations by causing or allow-

ing the water courses of the unnamed tributary to

the Vermillion River to contain unnatural sludge

or bottom deposits, odors, or unnatural color and

turbidity;

11. Violated Rule 403 of Chapter 3 of the Board’s Rules

and Regulations by causing or allowing the effluent

discharge from septic systems to the common catch

basin to an unnamed tributary of the Vermillion

River to contain septable solids, scum, and sludge,

and color, odor, and turbidity above obvious levels;

12. Violated Rule 404 (a) of Chapter 3 of the Board’s

Rules and Regulations by allowing effluent discharge

from septic tank systems and the common catch basin

to an unnamed tributary to the Vermillion River to

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contain BOD above the level of 30 mg/l;

13. Violated Rule 405 of Chapter 3 of the Board’s

Rules and Regulations by causing or allowing

the effluent discharge from septic tanks and

the common catch basin to the unnamed tribu-

tary to the Vermillion River to contain fecal

coliforms above the level of 400/100 ml.

No answer was filed by any of the ~espondents.

Hearing was held July 19, 1974, in the LaSalle County Courthouse,

Ottawa, Illinois.

This matter came to the attention of the Environmental Protection

Agency when Ms. Dorothy Sedlock complained to the governor of the state

in a letter that discharges to a drainage tile system to an unnamed

waterway on her property were making offensive odors. R. 44.

In response to the complaint of Ms. Sedlock Thomas Rinkach, an en-

vironmental protection specialist with the Illinois Environmental Pro-

tection Agency, went to Ms. Sedlock’s property on September 21, 1971,

to investigate the situation. Upon arrival, Mr. Rinkach noted an ob-

noxious odor emanating from the drainage ditch. B. 46. Upon further in-

spection he noted black sludge of the type that is formed from sewage

flowing through the ditch along with fungus growth that is typical of

sewage discharges. These discharges seemed to be coming from

drainage

tiles that went into a collective catch basin on the Lenhausen eromerty.

R. 47. Samples of the water were taken with the following results:

BOD/l53 mg/l Suspended Solids

-

1150 mg/i

Fecal coliform 910,000 per 100 milliliters

Total coliform 1,480,000 per 100 milliliters

pH

7.4

R. 48

A second visit was made by Mr. Rinkach to the site in question on

November 23, 1971. At that time he noted that the sludge and odor con-

ditiQls in the waterway were

the same as noted on the

first

visit. At

that

time he conducted a smoke test. This test is to reveal who was

hooked up into the drainage system. It was conducted by forcing smoke

up the sewage system and noting which houses the smoke cones out of.

This indicates that the house is hooked up into the drainage system,

R. 50. The results of the smoke test showed that the houses of aLL the

named respondents were in fact hooked up to this tile drainage system.

R. 50.

A third visit was made on December 1, 1971. At that time the water-

way was in the

same condition. There was turbidity and black

slufge.

R. 52. Also Mr. Rinkach noted an obnoxious odor. R. 53.

The same conditions were noted on subsequent visits of Marok 9, LL72

September 26, 1973, and

June 28, 1974. R. ~9.

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It is the unrebutted testimony of Mr. Rinkach that the unnamed water-

way across Ms. Sedlock’s property discharges into the Vermillion River.

R. 60.

Mr. Rinkach further testified that the problem could probably be

solved by disconnecting either the septic tanks themselves or the leach

fields from the drainage tiles. R. 62. The Agency also recommends that

all of the non—storm water drainage tiles be blocked before they enter

the common catch basin on the Lenhausen property. B. 63. It should be

further noted that Mr. Rinkach does not feel that the corrective meas-

ures taken by these respondents will correct the situation completely.

R. 67. It is his personal opinion that there are still others hooked

on to the system but unfortunately the smoke tests do not develop enough

pressure to show them. B. 68. It should be further noted the smoke test

only proves the septic system is in fact connected to the tile system,

and is not an actual measure of pollution. R. 78. The witness did testi-

fy that in his considered technical opinion effluent from a septic tank

will not meet current effluent requirements. R. 79.

All of the named respondents in this matter have admitted violations

as charged in the complaint and have agreed to correct the discharges

from their septic tanks and systems so as to end their contributions

to pollution on the Sedlock property and the unnamed tributary (R. 14,

20, 23, 33, 37, 40)

,

except for Herbert Mills, upon whom service was

never completed. Mr. Mills had sold the house in question and has nev-

er been served notice as a party in this action. The house was ultimately

purchased by Mr. Larry Courey. Mr. Courey voluntarily appeared at hear-

ing and on motion of the attorney general was made a party respondent

to this action. Mr. Courey admits no violation but is willing to stip-

ulate to a consent order that his property be~broughtinto compliance

with the Environmental Protection Act.

The Agency has recommended to the Board, both at hearing and in its

closing Brief, that a fine be levied against all the named respondents

except Mr. Courey in the amount of $5.00. The Board notes that these

are citizen respondents who may not have adequate knowledge of sewage

disposal methods and as such, no fine shall be levied against Respondents.

The Board in making its determination and Order has taken under con-

sideration the dictates of Section 33 (c) of the Environmental Protect-

ion Act.

Therefore the Board finds the six named Respondents in the original

complaint in violation of the sections as charged.

The parties will be required to cease and desist violations of the

Act and to either submit a plan of compliance to the Agency or proof

that compliance is now achieved.

This Opinion constitutes the findings of fact and conclusions of law

of the Board.

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ORDER

IT IS THE ORDER of the Pollution Control Board that:

1. Harold

Mackey,

Dorothy

Potter, Ellen Garver, Thomas Spraggon,

Mrs. Peter Lenhausen, and Mr. Robert Howe have violated

the

Environmental Protection Act and the.Rules of the Sanitary

Water Board and the Rules of the Pollution Control Board as

stated

above.

2. Complaint is

dismissed

as to Herbert Mills.

3. Respondents shall file within 21 days of the entry of this

Order either a plan of compliance or proof of compliance with

all applicable rules

and

regulations with the Environmental

Protection Agency at the following address:

Environmental Protection Agency

Division of Water Pollution Control

5415 N. University Avenue

Peoria, Illinois 61614

4. Order #3 shall apply with full force to Mr. Larry Courey.

5.

Respondents shall cease and desist violating the charged

sections of the Illinois Environmental Protection Act and

the Rules and Regulations of the Sanitary Water Board and the

Pollution Control Board within 40 days of the entry of this

Order.

I,

Christan L.

Mcffett, Clerk of the Illinois Pollution Control Board,

certify that the above Opinion and Order was adopted by the Board on the

17th day of October, 1974, by a vote of 5 to 0.

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