HomeMy WebLinkAboutResolution #1094RESOLUTION NO. 10 9 4
A RESOLUTION APPROVING AN AGREEMENT BETWEIIQ THE CITY OF CANTON AND THE ILLINOIS
ENVIROrII~1VTAL PROTECTION AGENCY AND DIRECTING THE MAYOR TO EX~7CUTE AND DELIVER
SAID AGREEMENT.
in~.S, the Canton City Council has determined that it is necessary and
in the best interest of the City of Canton to enter into an agreement with the
Illinois Environmental Protection Agency hereto attached and herein incorporated
as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,
Fulton County, Illinois, as follows:
1. That the agreement hereto attached as Exhibit "A" between the City of
Canton and the Illinois Environmental Protection Agency is hereby approved.
2. That the Mayor is hereby authorized and directed to execute and deliver
said agreement on behalf of the City of Canton.
3. That this Resolution shall be iri full force and effect immediately upon
its passage by the City Council of the City of Canton, Fulton County, Illinois,
and approval by the Mayor thereof.
PASSID by the City Council of the City of Canton, Fulton County, Illinois
at a regular meeting this n d day of Ji~l~, , 1985 upon a roll call vote
as follows:
AYES. Aldermen Kovachevich, Zilly, Falcone, Sarff, Glorkman,
Bohler, May, Chapman.
~yS; None .
ABSENT; None .
APPROVID:
//,~
Donald E. Edwards, Mayor
ATTEST:
an ites City Clerk
COMPLIANCE AGREEMENT
I. Parties
1. This Compliance Agreement is entered into by the City of Canton
("City"), a municipal corporation, and the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY ("Agency") for the purpose of 1) resolving past
non-compliance with the Illinois Environmental Protection Act ("Act") (35
I11. Rev. Stat., 1983, ch. 111 1/2, par. 1001 et seq} and Illinois
Pollution Control Board Rules and Regulations, Chapter I, Subtitle C:
k'ater Pollution, and 2) setting forth a program to ensure future
compliance.
II. Statement of _Facts
2. The City owns and operates the sewer collection system located
within its boundaries including sewers serving the Canton Industrial
Park. The City is located in Fulton County, Illinois.
3. On October 23, 1984 Agency inspector Lyle Ray visited the Canton
Industrial Park and observed that the construction of a sewer force main
was in progress. The sewer segment in question was approximately 1,165
feet in length and ran along Illinois Route 9.
4. The Agency inspector revisited the site on October 30, 1984,
observed the construction and took photographs. It was observed that the
sewer force rnain, constructed of grater main quality PVC pipe, was being
laid in the same trench as a water main with between 17 inches and 2 feet
of horizontal separation. Also, there was no bedding placed underneath
the pipe and the trench wall was about 1 foot from the pipe.
5. The construction of the sewer force main was begun without the
City's having first received an Agency construction permit. A permit
application was filed on October 31, 1984, which was denied on
January 25, 1985.
6. The sewer force main began operation on December 6, 1984, prior to
the issuance of an Agency operating permit. Operation of the sewer force
main has continued to the present. No Agency operating permit has been
issued to date.
7. Section 26.31 of the Illinois Recommended Standards for Sewage Works
("Recommended Standards") requires a ten foot hori2ontal separation or
eighteen inch vertical separation between se.~er mains and rater rains.
An exception to this requirement exists where water main quality PVC
piping is used with slip-on or mechanical joints, but should not apply
here where the sewer force main was not installed properly.
8. Section 23.723 of the Recommended Standards specify that bedding for
flexible pipe (which includes PVC) must be in accordance with
ASTM/D2321. ASTM/D2321 requires the use of sandy or gravelly materials
for bedding.
9. ASTh1/D2321 provides that the width of the trench below the top of
the sewer main should be no wider than necessary to provide adequate room
for joining the pipe and compacting the haurrching and initial backfill.
10. The construction deficiencies described in paragraph 4 above
increase the likelihood of contamination of the water supply beyond that
which would nor°mally be expected from an installation of this nature and
for this reason threaten water pollution, as that term is defined in
Section 3(nn) of the Act.
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III. Findings of Yiolation
The City has violated 35 I11. Adm. Code 309.202(a) and Section 12(b) of
the Act for failing to obtain an Agency construction permit prior to
constructing the sewer force main, 35 I11. Adm. Code 309.203 and Section
12(b) of the Act for failing to obtain an Agency operating permit prior
to operating the sewer force main, and Section 12(a) of the Act for
threatening water pollution due to construction deficiencies.
IV. Rr_-medial Pr~ram
The City shall reconstruct the 1,165 foot sewer segment along Illinois
Route 9 in accordance with the following schedule:
Item
Car, 1 eti on Date
Submit application for Completed
construction and operating
permit
Begin construction Upon perrnit issuance but not later than
9/1/85, provided that an Agency
construction permit must be issued
prior to the start of construction.
Complete construction December 1, 1985
V. Signatures
By signing this Compliance Agreement, the City accepts the facts
described herein, including the findings of violation, and agrees to
undertake the remedial actions as described herein. Failure to complete
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the remedial actions described above in accordance with the schedule
provided may result in an enforcement action regarding the violations
alleged.
CITY OF CANTON
Ti tl e: Mayor
Date: July 2nd, 1985
ILLINOIS FNVIRG!~;~1ENTAL P~tOTECTION AGENCY
osep~h ~ Svobo a '
i~la~iayer, Enforcement Programs
Date : _ ~,~j'~~,n___1_ _..,.. ~ ~G ~ ~ ___
2200 Churchill Road
Springfield, Illinois 62706
217/782-5544
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