ILLINOIS
POLLUTION
CONTROL
BOARD
May
23,
1972
Environmental
Protection
Agency
v.
)
PCB
71-355
City
of
Jacksonville
William
J.
Scott,
Illinois
Attorney
General,
by
Jim
Keehner,
Assistant
Attorney
General
for
the
Environmental
Protection
Agency
Orville
N.
Foreman,
Esq.
for
the
City
of Jacksonville
OPINION
OF
THE
BOARD
(by
Mr.
Dumelle)
This
complaint,
file~1November
10,
1971,
charges
the
City
of
Jacksonville
with
violations
of
Section
12(a) of the
Environmental
Protection
Act
on
four
separate
dates
(March
17,
April
6,
June
2
and
June
9,
1971)
through
the
dis-
charge
of
contaminants
from
its
power
and water
treatment
facilities
into
Mauvaise
Terre
Creek,
a tributary
to
the
Illinois
River.
A
Stipulation
between
the
parties
as
to most
of
the pertinent
facts
was
filed
on
February
25,
1972.
The
Stipulation
indicates
that
on
each
of the
alleged
dates
Agency
inspectors
were
present
at
the
Citys
treatment
facilities
and
did observe
the
heavy
discharge
of lime
sludge
to the
Creek.
Effluent
samples
were
taken
on the
first
three
dates.
The
analyses,
among
other
parameters,
showed
suspended
solids
at
9580,
5300
and
17,140
mg/i
respectively.
We have
no
doubt
that
all
the
alleged
violations
occurred
and that
they
were
very
serious
in
nature.
The
significant
issue
at
this
point,
however,
is
the
City’s
cleanup
of
the
creek
and
its
remedial
abatement
program.
The
reports
of
the
Agency
inspectors
all
show that
the
lime
sludge
settling
lagoon
at
the
treatment
plant
and
also
the
Creek
are
in
deplorable
condition
as
a
result
of
the
City’s
dis-
charge.
They
found
that
the
lagoon
has
become
entirely
filled
with
lime
sludge
and that
the
plant
flow
is
now all
overflowing
across
the
caked
sludge,
as
the
result
of the
City’s
inattention
to
routine
maintenance.
The
overflow
is
pouring
out through
the
lagoon
embankment
and flowing
directly
into
the
Creek.
The
Creek
has
been turned
a very
turbid
tan
color
far
downstream
from
the
discharge
point.
The
stream
bottom
is
heavily
covered
with lime
sludge
and
in
many
areas
was
observed
to
be
severely
constricted
by
sludge
accumulations.
One
inspector
4
543
found
that
within
a mere
three-month
period
the
lime
sludge
encroachment
upon
the
Creek had advanced
one-half
mile.
The
Stipulation
and testimony
indicate
that
some
consideration
has been
given
by the
City to
~z~e
tor
cleaning
up the
Creek,
but
no
commitment
has
been made.
All
we
can really
find in this
case
is
that
the
Creek
is
being utterly
destroyed
by the
City.
The
testimony
of the
City’s
consulting engineer
points
out
that
some type
of
abatement
program
for
continuing
discharge
is
in progress.
We
want
to see
extraordinary
efforts
made
by the
City to
complete
that program,
and to the
extent
practicable,
to clean up
the stream,
The
failure
of the
City to
demonstrate
within
30
days
that this
cannot be
done
will
be taken
as
an admission
that
it
can
be.
We will
not
tolerate
this utter
destruction
of a natural
resource.
The
City was
told to
correct
its inexcusable
discharge
as
long
ago
as
1968
and only
now is
doing
so.
We
will
hold the
City to its
abatement
program
and impose
a nominal
penalty of
$1,
000,
which would
be
much
higher
if we
were
not
dealing with a public
body.
Cf.
City of
Springfield
v.
EPA,
PCB
70-55
(March
31,
1971).
The
City has
requested
that
it be
given
the
authority
by the
Board
to
issue
bonds
if necessary,.
without
referendum
under
Section
46. of the
Environmental
Protection
Act to pay for
the
improvements
to the
plant.
As
we have
said
previously,
the Board has the
obligation
under SectIon
46
to order
a municipality
to abate
its
pollution
discharges,
and this order
makes
Section
46
of the
Act operative.
See
EPA v,
City of
Marion,
PCB
71-25 decided
October
28,
1971.
It is
now the
obligation
of the
City
toi~äisefunds to abate
the
discharges
and if necessary,
raise
such funds
by
the
issuance
of
bonds
without referendum
under
~46
of the
Act.
This
opinion
constitutes
the
Board’s
findings
of fact
and conclusions
of law.
ORDER
It is
therefore
ordered
that the
City
of
Jacksonville
abate
pollution of
Mauvaise
Terre
Creek
in accordance
with the following
program:
1,
The
City shall
proceed
with
all
reasonable
dispatch
to eliminate
the
overflow
of lime
sludge from
its
water
plant by
the increase
in the
height
of
its
lagoon berm,
the
same
to be
completed by
June
1,
1972.
The
City shall
remove
the
existing lime
sludge
in its
lagoons
under the
City’s contract
with
K. E.
Vas
Co.,
promptly
upon
the
Company receiving
a permit
for its
disposal
4—
544
site
from
the
Environmental
Protection
Agency,
or
by
any
alternative
disposal
means
which
is permitted
by
the
Agency.
That further
City
is
hereby ordered
to proceed promptly
to
complete
its
plans
and specifications
for the
installation
of
its
lime
sludge
dewatering
equipment
and process
and to
provide that the
liquid
effluent from
its water
sludge
lagoons
be placed
into
the sanitary
sewage
system
of
said
City.
That
complete
plans
and
specifications
are
to
be
submitted
to
the
Agency by
August
1,
1972,
and construction
to be
completed
within
10
months
of the
date
on
which
a permit
is issued
by
the
Agency.
2.
That it
is further
ordered
that the
City of Jacksonville
cease
and
desist
from
allowing
chromium
and oil
wastes
to
be
deposited
into
Mauvaise
Terre
Creek from
City’s
Electric
Plant.
That
the
City cease
and desist
the
use
of rust
inhibitor
containing
chromium
in
its
power
plant.
That the
City
further
promptly
complete
construction
of
necessary
facilities
for
placing
its water
effluent
from
its
power
plant
into
the
City’s
sanitary
sewer
collection
system.
Said work
is to
be
completed by
June
15,
1972.
3.
That within
35
days
of the
date of this
Order
the
City shall
post
a bond
in the amount
of Ten
Thousand Dollars
($10, OQO.
and in a form
satisfactory
to
the
Agency to
guarantee
perfor-
mance
of the preceding
orders.
4.
The
City of Jacksonville
shall,
within thirty
days
hereof,
submit
to
the Board
and to the
Agency a program
for totally
removing
all
lime
sludge
and any other
contaminants
which have become
deposited
in
Mauvaise
Terre
Creek
as
a result
of its
discharges,
or,
in the alternative
proof that
such a program
is
not
economically
feasible.
The
Agency
shall
comment
upon
such
program
or
proof
within
20
days
thereafter.
This proceeding remains
openfor
such
further order
as
the
Board
may
deem appropriate
on
this
issue.
5.
The
City
shall,
within
fifteen
days
hereof,
submit
to this
Board
and the Agency
a complete
written
report
indicating
exactly
what
steps
remain
in its
program
for
abating
continuing
discharges
along
with the
expected
completion
dates
of
each
step.
Thereafter,
every thirty
days,
the
City shall
submit
a full progress
report
on the program.
4
—
54b
6.
The
City shall pay to
the
State
of Illinois,
within thirty
days
hereof,
the
sum
of One
Thousand
Dollars
($1, 000. 00)
as
a penalty for the
violations
found in this
opinion~
Payment
shall
be
made payable to
the
State
of Illinois
and
sent to
the
Environmental
Protection
Agency,
Fiscal
Services
Division,
2200
Churchill
Road.
Springfield,
Illinois
62706.
I,
Christan
L.
Moffett,
Clerk
of
the
illinois
Pollution
Contr,91 Boards
hereby
certify
the
above
Opinion
and
Order
was
adopted
on the~~ay
of
Maya
1972
by
a
vote of,
Christan
L.
Moffett~.erk
illinois
Pollution
Control
Board