ILLINOIS POLLUTION CONTROL BOARD
    March
    15,
    1973
    ENVIRONMENTAL PROTECTION AGENCY
    #72-207
    v.
    COUNTY OF DUPAGE
    DOUGLAS
    T. MORING,
    ASST. ATTOR1~EYGENERAL, ON BEHALF OF
    ENVIRONMENTAL PROTECTION AGENCY
    WILLIAM V.
    HOPF, ASST.
    STATE’S ATTORNEY
    (OF DUPAGE COUNTY), ON
    BEHALF
    OF RESPONDENT
    OPINION AND ORDER OF THE BOARD
    (BY SAMUEL T.
    LAWTONF
    JR.):
    Complaint was filed by the Agency against Respondent, County of
    DuPage
    (“County”)
    on May 16,
    1972, alleging that it was the owner and
    operator of a wastewater treatment plant known as
    the Nordic sewage
    treatment plant
    (“Nordic”).
    The complaint alleged that continuing
    violation by Respondent,
    as well as violations on certain specified
    dates between September 22, 1970 and January
    3,
    1972,
    of Section 12(a)
    of the Environmental Protection Act ~h. 111—1/2,
    §1012(a),
    Ill. Rev.
    Stat.
    (1971)
    1.
    During that same period, Respondent was charged with
    failure to meet the minimum conditions as
    to water quality contained
    in the Rules and Regulations under SWB-14 made effective by
    §49(c)
    of
    the Act, and violation of Rule 1.03, paragraphs
    (a),
    (b)
    and
    (c)
    of
    the
    Rules and Regulations for Water Quality Standards.
    More serious viola-
    tions were also alleged, including excess
    I3OD,
    excess suspended solids
    and high coliform content,
    in violation of those Rules and Regulations.
    Before hearing,
    Respondent filed two Motions:
    A Motion to Strike
    and a Motion to Add parties.
    The Motion to Strike was directly toward
    relief Complainant seeks under paragraph 2(e)
    of the complaint.
    “That the Board thereafter enter an order directing
    Respondent.
    .
    .
    to take such action as necessary to abate
    said violations, pursuant to Section 46 of the Act.1’
    Respondent’s Motion to Add Parties requested the addition of the other
    operators of wastewater treatment facilities within “Region I”.
    The
    Board entered a preliminary order denying the motion to add parties
    and suspending decision on the motion to strike until the matter had
    been heard in its entirety.
    Section
    46
    states:
    “Any municipality or sanitary district which has been
    directed by an order issued by the Board or by a Court of
    competent jurisdiction
    to abate any violation of this Act
    7
    269

    or of any Regulation adopted thereunder shall, unless
    said order be set aside upon petition for review,
    take
    steps
    for the acquisition or construction of such facil-
    ities,
    or for such repair, alteration, extension or com-
    pletion of existing facilities, or for such modification
    of existing practices as may be necessary to comply with the
    order.
    The cost of the acquisition, construction, repair,
    alteration, completion,
    or extension of such facilities,
    or of such modification
    of practices shall be paid out of
    funds on hand available for such purposes,
    or out of the
    general funds of such municipality or sanitary district
    not otherwise appropriated.
    If funds on hand or unappropriated are insufficient for the
    purposes of this section, the necessary funds shall be raised
    by the issuance of either general obligation or revenue bonds.
    If the estimated cost of the steps necessary to be taken
    by such municipality or sanitary district to comply with
    such order
    is such that the bond issue, necessary to~finance
    such project, would not raise the total outstanding bonded
    indebtedness of such municipality or sanitary district in
    excess of the limit imposed upon such indebtedness by the
    Constitution of the State of Illinois,
    the necessary bonds
    may be issued as a direct obligation of such municipality or
    sanitary district and retired pursuant to general law governing
    the issue of such bonds.
    No election or referendum shall be
    necessary for the issuance of bonds under this section.
    The funds made available by the issuance of direct obligation
    or revenue bonds as herein provided shall constitute
    a Sanitary
    Fund,
    and shall be used for no other purpose than for carrying
    out such order or orders of the Board.
    The Attorney General shall enforce this provision
    of
    the
    act by an action for mandamus,
    injunction or other appropriate
    relief.”
    We do not reach the question of whether
    a County that operates
    a series of sewage treatment plants is a de facto sanitary district.
    The complaint has made no argument of the issue of whether Respondent
    is within the purview of p46.
    Even if the County were subject to these
    provisions,
    there has been no showing that such relief pursuant to
    ~46 is appropriate.
    The motion is dismissed.
    The Region
    I referred to as one of the nine regions described in
    No. R70-l7
    of Proposed Wastewater Regionalization Regulation for DuPage
    County.
    The other major
    sewage treatment facilities within Region
    I
    are the plants controlled by Itasca, Wood Dale, Bensenville and Addison.
    Three plants have been proposed for this region,
    all of which contem-
    plate the elimination of
    the Nordic facility.
    —2—
    7
    270

    The County purchased the Nordic plant in 1963 by County Board
    resolution
    (R.l7)
    .
    The purchasing agency was the Department of Public
    Works which then became responsible for its operation.
    The only just!-
    fication offered in evidence for the acquisition was by the Department’s
    Director:
    “This
    (Nordic) was the second sewage treatment facility
    that was purchased by the County of the Department
    of Public
    Works.. .The County felt
    a need to eliminate the smaller
    utility companies,
    eliminate smaller package plants and go
    to a comprehensive County—wide system.”
    Apparently,
    the County rested all its hopes on a referendum, which
    eventually took place in 1970 to establish a single County—wide treat-
    ment facility.
    That referendum was decisively defeated.
    In the
    interim,
    the County has also acquired additional facilities not sub-
    ject to this complaint.
    In regard to the Nordic plant, apparently no major effort was
    made to upgrade the facility.
    Though additional area was eventually
    served
    (R.20—2l).
    The County’s initial purchase was a complicated
    deal
    in which the original developer sold the plant to another developer,
    who,
    in turn,
    sold the plant to the County,
    on interest-free purchase
    where the County “would repay out of the revenue of the system, the de—
    velopers...some
    $66,000.
    (R.21).
    That purchase was completed a year
    or
    so ago.
    The Contract for purchase called for services to
    a much
    larger area which the County undertook to supply,
    as needed
    (R.22).
    At
    present, the plant is serving 384 residential customers with the popula-
    tion equivalent of 1,400
    (R.25)
    .
    The plant’s designed capacity is
    100,000 gallons per day
    (R.lO).
    The County has supported plans for wastewater regionalization.
    However,
    it has made little improvement in the facility subject to
    this complaint.
    For all practical purposes, it has been going from
    year to year,
    in each instance, hoping that regionalization would re-
    lieve them of their responsibilities to fulfill the Water Quality
    Standards.
    Certainly,
    in retrospect, its program of acquisition and
    enlargement of the service area has been unwise.
    The subsequent failure
    to maintain water quality standards,
    its lack of revenue to upgrade
    the plant
    (an apparent unwillingness on the part of the County to pro-
    vide more general
    funds) have left it in a rather desperate situation.
    The most difficult single item to understand is the financial situa-
    tion
    (R.39-55),
    For example, the following testimony:
    A
    “After getting the money in the budget for engineering
    services only in 1972,
    the County did by resolution auth-
    orize engineering for the trunk sewer between Itasca and
    Nordic sewage treatment facility.
    Q.
    Even though they were unable to determine the manner in which
    they could pay for this interceptor,
    is that correct?
    —3—
    7
    271

    A.
    Yes...
    Q.
    You mentioned $35,000 that you received in revenues
    that is from the Western Plant?
    A.
    Al-id restricted
    funds from the Nordic Plant,
    in other words
    any connection fees or service fees would go into
    a restricted
    fund to pay back the developer, and on Golden Gates Estate,
    $66,000.
    Q.
    And you paid that off in about nine years?
    A.
    That was just paid,
    right.
    Q.
    From 1963 until 1970,
    so that during that period of time
    you generated enough revenue,
    $66,000,
    to pay back the develop-
    ment,
    is that correct?
    A.
    That is right.
    Q.
    At the present time,
    is there any money in the budget attribu-
    table to the Nordic Park Plant, or from any other sources that
    could be used there for the installation of equipment at chemi-
    cals?
    A.
    We have approximately-there was about $42,000
    total that we had
    in that restricted account which we authorized engineering,
    which we estimate to be about $35,000-preliminary engineering
    for a trunk sewer.
    Q.
    So there are seven thousand dollars remaining?
    A.
    Right.
    Q.
    Will that be available to construct piping and put in a tank
    with
    additional
    chemicals
    in
    the
    final
    tank?
    A.
    That
    would
    be
    used
    for
    that
    purpose,
    yes.
    Q.
    What
    type
    of
    approval,if
    any,
    are
    necessary
    to
    extend
    that
    $7,000?
    A.
    You
    would
    have
    to
    go
    back
    to
    the
    Board
    (DuPage
    County
    Board).
    Q.
    The
    effluent
    quality
    oi
    this
    plant
    has
    been
    substantially
    above
    regulation
    for
    a
    long
    period
    of
    time,
    is
    that
    correct?
    A.
    That
    is
    correct...
    Q.
    I
    guess
    our
    real
    question
    is
    ——
    How
    come
    you
    don’t
    use
    you don’t look into the addition of chemicals or something
    to improve the quality of that effluent when you have known
    that it
    is
    --
    that its been bad.
    —4—
    7
    272

    A.
    Well, as
    I say, we had no money budgeted in 1971 at all
    for any capital expenditures at all.
    Q.
    But you did have this restricted?
    A.
    We
    did,
    in 1972.
    Q.
    You had $42,000
    that could have been used,
    right,
    if you
    had a resolution?
    A.
    Right.
    That was just transferred recently to the front...
    Q.
    And the decision was made to fund engineering rather than
    put equipment into this plant,
    is that right?
    A.
    That
    is correct.
    (R.45,
    48—51)
    This reveals the County’s self—imposed dependence upon an interceptor
    connection
    to relieve it of its responsibilities toward this facility.
    The Agency’s testimony was brief and directed only to establishing
    violations of the Act and Regulations.
    It has done so on the fol-
    lowing dates:
    June 10, 1971 and July 19,
    1971.
    A stipulation between
    the parties allows the inspection and laboratory reports for the other
    specified dates to be entered as exhibits without objection as to
    accuracy of methodology or observations
    (EPA Ex.
    1)
    .
    These reports
    establish the violations alleged on these dates:
    September 22,
    1970,
    October
    20,
    1970, November 17,
    1970,
    December
    8,
    1970, March
    10,
    1971,
    April
    29,
    1971,
    May 18,
    1971.
    June 10,
    1971, July 19,
    1971, August 19,
    1971, September
    22,
    1971,
    and January
    3,
    1972.
    There was no affirma-
    tive testimony on the part of the Agency as to possible remedy of the
    situation.
    Only on cross—examination did the complainant elicit
    from Respondents’ witness the acknowledgement of the possibility that
    certain chemical additions,
    such as ferric chlorides and anionic
    polymers, might have
    some value in irnprovinq the effluent quality
    (R.47)
    The treatment plant consists of a two—story primary clarigester
    (Clarifier on top
    of
    digester),
    a trickling filter and a secondary
    clarifier
    in
    series.
    Sludge fro~nboth the primary and secondary
    clarifiers
    is digested in the clariqester and then dried on sludge
    drying beds.
    (Stipulated Surveillance Reports)
    Much of
    the
    problem seems
    to be associated with bad operating
    practices;
    in particular, the sludge handling and treating operations.
    The surveillance reports indicate frequent dates where dark colored di—
    —5—
    2/J

    qested single particles were observed in the primary clarifier,
    the
    secondary clarifier or at the plant outfall.
    (Stipulated Surveillance
    Reports).
    The
    source
    of
    these
    particles
    is
    primarily
    the
    digester
    por-
    tion
    of
    the
    clarigester
    and
    indicates
    either
    an overloaded digester
    because
    of
    lack
    of
    sludge
    removal
    or
    faulty rakes on the floor of
    the
    clarifier
    not
    moving
    the
    primary
    sludge
    into
    the
    digester.
    The
    regurgi-
    tation
    of
    sludge
    back
    into
    the
    supernatant
    increases
    the
    effluent
    BOD
    and SS and exerts
    a high chlorine demand resulting in low efficiency
    of effluent disinfection and high bacterial concentrations.
    The bypasses that were reported occurring should be lessened with
    the
    expansion
    of
    raw
    sewage
    pumping
    from
    2-75
    gpm
    units
    (.216
    MGD
    total)
    to
    l350
    gpm
    units
    (.504
    MGD)
    .
    The pump, however,
    appears
    to be sized
    too large for the normal plant flows and must be operated intermittently.
    (Stipulated
    Surveillance
    Reports).
    At
    the
    high
    pumping
    rate,
    the
    plant
    treatment
    efficiencies
    are
    reduced
    but
    no
    evidence
    of
    flooding
    the
    trick-
    ling
    filter
    was
    presented.
    Decreased bypassing resulting from the in-
    creased pumping should also reduce the gross pollution at the outfall
    which consists of rags,
    paper and vegetable particles.
    The presence of rags and paper clogging the trickling filter spray
    arms
    and
    appearing
    at
    the
    outfall
    indicates
    the
    lack
    of,
    or
    a
    faulty
    bar
    screen
    at
    the
    front
    end
    of
    the plant. Many plants also have a comminuter
    (grinder)
    to
    shred
    bulk
    materials
    that
    reach
    the
    plant.
    No
    evidence
    was
    presented
    of
    the
    existence
    of
    either
    a
    bar
    screen
    or
    comminuter.
    The
    record
    also
    indicates
    the
    absence
    of
    a
    full-time
    operator
    (R.
    48)
    who
    would
    give prompt attention to the operating problems.
    We will not order Respondent
    to make
    a major expansion or capital
    improvement in this facility.
    However, we cannot go along with Respon-
    dent’s apparent decision to stay all improvements pending our Order #R70-l7.
    In recognition of its responsibility
    to protect public health, Respondent
    should have been carrying out a program of adequate maintenance.
    This
    is
    a grave matter and we have reservations
    in not assessing a substantial
    penalty.
    Our Order,
    infra,
    is directed to what we consider to be the
    minimum needed for the protection of the public and conformation with the
    relevant statutes and regulations.
    On the basis of the record, we order Respondent to upgrade its
    operations of the sewage treatment facilities, and to submit
    a plan directed
    toward maintenance and repair, rather than large capital expenditures.
    We
    note that Respondent has indicated that there is at least $7,000
    in
    funds that could
    be used in this manner.
    Respondent should direct
    its
    plan
    toward
    incorporating
    the
    improvements
    noted
    below.
    The
    Board
    does
    not
    establish
    the
    cost
    of
    making
    the
    improvements;
    Respondent
    must estimate such costs in its plan.
    Operations to be improved include:
    More frequent sludge removal from the digester;
    inspection and/cr repair
    of sludgeremoval equipment for primary and secondary clarifiers; possible use
    of small pumps in parallel with large pumpt to provide
    a more flexible pumping
    schedule; repairs to the screening facility or possible installation of
    —6—
    1
    27’~

    screens
    at
    the front end of the plant to prevent rags
    or other trash
    from clogging the trickling filter spray nozzle; chemical addition
    if the cost is reasonable; and the presence of on-site personnel as
    necessary.
    Plans
    should be submitted within 35 days from the date
    of
    this
    Order.
    The
    circumstances
    of
    the
    case
    would
    normally
    call
    for
    the imposition of
    a penalty.
    However,
    in view of the contemplated pro-
    gram for regionalization of the DuPage County sewage systems, we see
    no useful purpose in the imposition of a penalty at this time and none
    will be assessed.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT IS THE ORDER of the Pollution Control Board that within 35
    days from the date of this Order, Respondent shall submit to the
    Agency and the Board,
    a plan to upgrade the operation at the Nordic
    facility.
    The plan should be in conformance with the guidelines stated
    in the Opinion and should result in a significant improvement in
    effluent quality and the virtual elimination of gross pollution
    occurring at the plant outfall.
    The Board retains jurisdiction for
    such other and further orders ~may
    be appropriate.
    I, Christan Moffett,
    Clerk of
    the Illinois Pollution Control Board,
    certify that the abov? Order was adopted on the /~day
    of March,
    1973,
    by
    a vote of
    ‘-/
    to
    _______
    ~(
    ~
    —7—
    ~

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