ILLINOIS POLLUTION CONTROL BOARD
    May 20,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—470
    VILLAGE OF THOMSON,
    )
    a municipal corporation,
    )
    Respondent.
    Ms. Mary C.
    Schlott, Assistant Attorney General, appeared on
    behalf of the Complainant.
    Mr. Richard
    K.
    Smith appeared on behalf of the Respondent.
    ORDER
    AND
    OPINION OF THE BOARD:
    (by Dr.
    Satchell):
    This matter comes before the Board upon
    a complaint filed
    on December
    15,
    1975 by the Environmental Protection Agency
    (Agency) alleging that the Village of Thomson, Carroll County,
    Illinois
    since at least September 12,
    1973 has operated its
    public water supply system without having in its employ a
    certified water supply operator with a Class A, Class B, or
    Class C certificate of competence
    in violation of Paragraph
    501 of an Act to Regulate the Operating of a Public Water
    Supply System and since December 21,
    1974 in violation of
    Rule 302 of the Rules and Regulations, Chapter
    6: Public
    Water Supply
    (hereinafter Rules)
    and Section 18 of the
    Environmental Protection Act.
    A hearing was held March 22,
    1976
    in Mount Carroll,
    Illinois.
    At that time a Stipulation and Proposal for
    Settlement was introduced.
    There was no testimony given.
    The agreed facts are as follows.
    The Village of Thomson
    has
    a public water supply system that serves approximately
    622 persons.
    The system includes two drilled wells, an
    elevated storage tank and a distribution system.
    The water
    is fluoridated prior to being pumped into the distribution
    system.
    Ernployatent of a certified water supply operator is
    required by Section
    1 of an Act to Regulate the Operating
    of a Public Viater Supply,
    Ill.
    Rev.
    Stat.,
    Ch.
    111
    1/2,
    par.
    501
    (1973)
    since at least September 12, 1973.
    The
    Board’s Rules and Regulations Chapter
    6: Public Water Supply,
    Rule 302 has had the same requirement since December 21, 1974.
    21— 435
    —2—
    The Village’s failure to employ a certified operator
    was first noted on March
    7, 1973 and reported to the
    Respondent by the Agency in a letter sent March
    30,
    1973.
    Additional correspondence was sent March
    4,
    1975.
    On April
    9,
    1975
    a Notice of Violation was sent to the Village.
    The mayor
    responded that the Village had a man who would take the test;
    however, this person did not pass.
    Notification of this was
    in August 1975.
    In December 1975 the Agency filed this action.
    On January 15,
    1976,
    the Village of Thomson hired a certified
    public water supply operator, who holds a Class C certificate.
    For terms
    of settlement the Village admits violation of
    Rule 302, of the Chapter
    6: Water Pollution Regulations,
    Section 18 of the Act, and Paragraph 501 of an Act to Regulate
    the Operating of a Public Water Supply.
    The Village of Thomson
    agrees to pay a penalty of $100 for these violations.
    The Board accepts this stipulation as adequate under
    Procedural Rule 333.
    The Board finds that the Village of
    Thomson was in violation of Paragraph 501 of An Act to
    Regulate the Operating of a Public Water Supply from Sep-
    tember 12,
    1973 to December 15,
    1975, Rule 302 of the Board’s
    Chapter
    6: Water Pollution Regulations and Section 18 of the
    Act from December 20,
    1974 to December 15,
    1975.
    Because of
    the size of the Village the Board finds the penalty of
    $100
    adequate.
    The Village of Thomson is assessed a $100 penalty,
    to be paid within thirty
    (30)
    days of this order.
    This constitutes the Board’s findings of facts and
    conclusions of law.
    ORDER
    It is the order of the Pollution Control Board that:
    1.
    The Village of Thomson was
    in violation of Paragraph
    501 of An Act to Regulate the Operating of
    a Public Water
    Supply, Rule 302 of the Chapter
    6: Water Pollution Regulations
    and Section
    18 of the Act.
    2. The Village of Thomson shall pay a penalty of $100
    within thirty
    (30)
    days of this order.
    Payment shall be by
    certified check or money order payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    21—436
    —3—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted on the
    ~
    day of
    __________,
    1976 by
    a
    vote of
    ____________
    Christan L.
    Moffett,
    C
    k
    Illinois Pollution Co
    1 Board
    21
    —437

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