ILLINOIS POLLUTION CONTROL
BOARD
September 1,
1977
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
v.
)
PCB 77—106
THE HUNTLEY COMMUNITY ASSOCIATION,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
On April
13, 1977,
the Environmental Protection Agency
(Agency)~
filed a Complaint against The Huntley Community Association
(Association) alleging violations of the Board’s Public Water
Supply Regulations
(Regulations),
an Act to Provide for Safeguarding
the Public Health by Vesting Certain Measures of Control and Super-
vision
in the Department of Public Health over Public Water Supplies
in the State
(P.W.S. Statute),
and an Act to Regulate the Operating
of
a Public Water Supply
(Certified Operator Statute).
A hearing
was held on August 16,
1977,
in Crete,
Illinois,
No members of the
public were present.
At the hearing the parties submitted a Stipu-
lation and Proposal for Settlement.
The Association owns and operates a public water supply serving
sixteen households in the Huntley Terrace Subdivision near Crete,
Will County,
Illinois.
The system, which includes one drilled well,
a pressure storage tank and
a distribution system,
is supported by
an annual $50.00 fee paid by each member household.
The parties stipulate that the Association has failed to employ
a properly certified public water supply operator and has failed to
chlorinate and fluoridate the water distributed in its water supply
system.
In the Stipulation, the parties outline steps the Associ-
ation has taken toward compliance subsequent to the filing of the
Complaint herein.
The Board finds that the Association has violated Rules
302,
305 and 306 of the Regulations, Section
7(a)
of
the
P.W.S.
Statute,
26-44w
&7~W5
—2—
and Section
1 of the Certified Operator Statute.
The parties stipu-
late that to their knowledge no injury to the public has resulted
from the Association’s omissions, that the public water supply is
of social and economic value,
and that it is technically practicable
and economically reasonable to bring the system into compliance.
The Association agrees to pay a penalty of $250.00 for the violations
found herein,
to employ a properly certified operator and to begin
chlorination and fluoridation of its system.
In light of the above
factors,
the board finds the $250.00 penalty to be appropriate and
finds that the Proposal for Settlement will adequately ensure compli-
ance.
This Opinion constitutes the findings of facts and conclusions
of law of the Board in this matter.
ORDER
It is the Order of the Pollution Control Board that:
1)
The Huntley Community Association
is found to have
violated Rules
302,
305 and 306 of the Regulations, Section
7(a) of the P.WS.
Statute,
and Section 1 of the Certified
Operator Statute.
2)
For said violations, the Association shall pay a penalty
of $250.00, payment to be made within 35 days of the date of
this Order by certified check or money order to:
Fiscal Services Division
Illinois Environmental Protection
Agency
2200 Churchill Road
Springfield, Illinois
62706
3)
The Association shall comply
with
the terms of the
Stipulation and Proposal for Settlement submitted by the
parties, which is incorporated by reference as
if fully
set forth herein.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion and Order were adopted on
the
fA~t
day of
~
,
1977 by a vote of
5—O
d
)~/4d~(~1)
Christan L.
Moffet~’frClerk
U
Illinois Pollution Control Board
~
~27~347