ILLINOIS POLLUTION CONTROL BOARD

April

10,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74—431

CITY OF

MOUNT

OLIVE, a municipal

)

corporation,

Respondent.

INTERIM ORDER OF THE BOARD

(by Mr. Dumelle):

This enforcement action was filed November 19,

1974.

The complaint charges the City of Mount Olive with numerous

violations of the Environmental Protection Act,

Sanitary

Water Board Regulations and Pollution Control Board Regulations,

Chapter

3

(Water Pollution Regulations)

in the operation of

its sewage treatment plants.

A hearing was held on March

6,

1975 wherein a Stipulation of Facts was entered into, admitting

the violations alleged.

The Board rejects this Stipulation as inadequate in

that it fails to set forth the quantities of contaminants

discharged and the effect on the receiving waters.

Measurements

for ammonia nitrogen, BOD, suspended solids,

fecal coliforin

and mercury were not provided.

In addition,

no evidence was

submitted to indicate the city’s attempts

to obtain a sewage

treatment grant or

its current priority status.

The Board

cannot make an informed judgment on the amount or necessity

for a penalty without additional facts.

ORDER

It is the Order of the Pollution Control Board that the

parties return to hearing or file an amended stipulation to

correct the deficiencies in the record within 45 days from the

date of this Order.

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

Control Board, hereby certify the above Interim Opinion and

Orjler were adopted on the

/p~*4

day of April, 1975 by a vote of

Illinois Pollution

~1Board