Loading...
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. 2 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 3 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 BH:sd/sp/1460e/1-4 4