ILLINOIS POLLUTION CONTROL BOARD
July 18, 1974
ENVIRONMENTAL PROTECTION AGENCY
)
COMPLAINANT
)
v.
)
PCB 74—68
CITY OF POLO
RESPONDENT
)
MR. STEPHEN WEISS,ASSISTANT ATTORNEY GENERAL, in behalf of the
ENVIRONMENTAL
PROTECTION
AGENCY
MR~
CRAIG
E.
McGUIRE,
ATTORNEY,
in
behalf
of
the
CITY
OF
POLO
OPINION AND
ORDER
OF
THE
BOARD
(by
Mr.
Marder)
This case comes to the Board on complaint filed February 15,
1974, and amended complaint filed April
4,
1974,
charging the City
of Polo with various
violations of the Public Water Supply Systems
Rules
and
Regulations
(hereinafter
referred
to
as
Regulations)
and
the
Environmental
Protection
Act
in
the
operation
of
its
public
water
supply system.
Hearing was held June
7,
1974,
in Polo, Illinois.
The
Complaint
and
Amended
Complaint
charge
that
the
City
of
Polo,
in
the
operation
of
its
public
water
supply
system,
which
consists
of three wells, a ground storage reservoir,
and a distribution sys-
tem violated:
1.
From on or about December
8,
1971, and continuing ev-
ery day to the filing of the Complaint,
Respondent
violated Sec.
18 of the Act and Rule
3.11 of the Reg-
ulations by allowing a non—watertight sewer laid in
sandy soil to be within
70
feet of its well number 1;
2,
From on or about December
8,
1971, and continuing ev-
ery day to the filing of the Complaint,
Respondent
violated Rule 3.15 of the Regulations and Sec.
18 of
the Environmental Protection Act by failing to chlor-
inate water obtained from its well
number
1, which
is
located in a limestone formation with less than 100
feet of cover drift.
3,
From on or about December
8,
1971,
and continuing ev-
ery day to the filing of the Complaint,
Respondent
violated Rule
3.11 of the Regulations by allowing a
13—
119
—2—
non--watertight sewer laid in sandy
soil
to
be
within
70
feet
of
its
well
number
2.
4~ From on or about December
8,
1971,
and
continuing
to
the filing of
this
Complaint,
Respondent violated
Rule
3.11 of the Regulations by allowing a non-watertight
sewer to be within 28 feet of its number 3 well.
5.
From on or about December
8,
1971,
and continuing to
the filing
of. the Complaint,
Respondent violated Rule
3.11 of the Regulations and Sec.
18 of the Environment-
al Protection Act by allowing a non-watertight sewer to
be within 25 feet of its ground storage reservoir.
6.
That from on or about December 8,
1971, and continuing
to the filing of the Complaint,
Respondent violated
Rule 3.60 of the Regulations and Sec.
18 of the Environ-
mental Protection Act by allowing a cross—connection
with
a private well located in a pit owned by Schwenk~s
.R~staurantto its
system,
thereby allowing a connection
whe~rebyunsafe water may enter its
system.
7.
That from on or about December 8,
1971,
and continuing
to the filing of the Amended Complaint, Respondent
violated Rule
3.11 of the Regulations by allowing a
drain line from a feed lot which is a non-watertight
sewer, laid in sandy soil,
to be within
50 feet of its
well number
1.
At hearing time the parties presented
a
Stipulation
of
Fact
and
a Proposal for Settlement.
Counsel for the Respondent stated that
the city admits to their technical errors and that the case was well
brought
(R,
3).
He also stated that the reason the
city
was in its
present position was because of certain errors made by the city~scon-
sulting engineers
(R.
3).
The pertinent facts stipulated to are as follows:
1.
The public water supply system owned and operated by the
Respondent includes three wells, a ground storage reser-
voir, and distribution system.
2.
That on November
13,
1969,
a sanitary sewer extension per--
mit No. 1969—lA-803 was issued by the Sanitary Water Board
for a sanitary sewer extension,
Such permit was based on
plans, specifications, and drawings prepared
for Polo by
Beling Engineering Consultants,
This data did not indicate
the
location
of
Respondent’s
public
water
supply
system.
3.
The sewer extension was completed in accordance with the
data submitted in September 1971.
4.
Part of said sewer extension was constructed out of 8—inch
bell and spigot clay pipe, which is not watertight and was
laid in sandy soil located within
70 feet of wells number
13—120
11~pn en
o
c~r
p
~ac 11e
e
3
a’
on
ir~
on
e
to
h
1
a
r~‘nor.
~c
~.
~
~
~d o~
i
e
u~a-.
~
i~z
p
~e
~~at
a
c
a~c~~‘1ose
~
tho
~
q~*5
~e1
I
T pera~rt~ppii~’atr r
as fr~edb’
i~
~a
rt~th~Au~nc4
-
Jecember
~
,
3/3
and
as
issued
an
Feb
u~y
13,
1974,
for
~he ~e~er
ii
drf cation
Ta_s proposal d d
ict
p
t Pesoonden+~
i~.
corpliance
On ?pr~ Is,
19
4
tth
e~y
ssu~da
~posa~ for the irre~acecc~pL~an
a
p ar proposed
the settlenr. t agreer’en-
2
0
F b
~.
11’
~e crc
—c~oretr~r~
aith
e p~r~
ate ~e1l ~as ~~sconnected perrnanert~y.
13.
Respordent retained ~he Lame Western Co
L
rr.vestig~te
a~a ng
eli ruther
I
A fzna~proposal
as made to ~le
Depar~ie~to~ilines ard Yi erals
or
May
21
1974,
to
wi ~ch no response flas been made
14,
n or acout May 15
1974
Beling enfiered into
a contract
with KInney Excavating Co
to install a six—inch diameter
thermal joint polyethylene 11ner pipe ~n the abovementioned
sewer extension for which Permit Number 19
4-HB—235—2 has
been issued by the Agency.
The
facts
as
stipulated
show
that
Respondent
has
violated
the
sect-
ions of the Environmental Protection Act and Regulations as charged.
In
the settlement proposal, Respondent has
agreed
to
carry
out
a
com-
pliance
plan
that
will
bring
about
a
sealing
of
well
number
1
and
lin-
ing
of
sewer
pipes
affecting
wells
number
2
and
3
so
as
to
end
its
vio-
lations.
The
specifics
of
this
plan
shall
be
incorporated
in
the
Ord-
13—
121
—4—
er following.
The Board finds that this settlement
is in the
public interest and
will alleviate
the violations as charged.
This Opinion constitutes the findings of fact and
conclusions
of
law of the Board.
ORDER
IT
IS THE ORDER
of the Pollution Control Board that:
1.
Respondent, City of Polo,
is found to have violated:
A)
Sec.
18
of
the Environmental Protection Act as charged.
B)
Rules
3.11,
3.15, and 3.60
of the Regulations
as charged.
2.
Polo
shall
obtain
written
approval
for
construction
of
a
well
seal for well
number
1 from
the Environmental Protection Agen-
cy’s Division of Public Water Supply and the Illinois Depart-
ment of Mines and
Minerals.
3.
Within
90
days
of the approval required
in Order
#2, Respond-
ent shall seal well
#1
through the Galena—Platt-Plattesville
limestone formation in a method which shall prevent
contamina-
tion of wells numbered 2 and
3.
4.
Respondent shall prevent sewer exfiltration
in that portion of
its sewer system located within
25 to
70
feet
from
wells
number
2 and
3 and the water storage reservoir by installing 6-inch
thermal-jointed polyethylene
liner pipe within the present
8-inch pipe on or before November 1, 1974.
5.
Respondent
is granted variance from Rule
3.11,
3.15, and 3.60
of the Regulations until November 1,
1974.
6.
Respondent
shall
pay to the State of Illinois the
sum
of $750
within
35
days
from
the
date
of
this
Order.
Penalty
payment
by
certified
check
or
money
order
payable
to
the
State
of
Ill-
inois shall be made to: Fiscal Services Division, Illinois En-
vironmental Protection Agency,
2200 Churchill Road, Springfield,
Illinois 62706.
7.
Respondent shall, within
35 days from the date of this Order,
post
a
performance
bond
in a form satisfactory to the Agency
in the amount of $1000 as provided for by the
stipulated set—
tiement agreement.
Bond shall be forwarded to
the Agency at
the address listed above.
13
—
122
—.5—
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, certify th~tthe above Opini n and Order was adopted by the
Board on the
~
~
day of
____________,
1974, by a vote of
to
~
13—123