ILLINOIS POLLUTION CONTROL BOARD
    January
    18,
    1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 78-~56
    WATUHIYI WATERWORKS,
    LTD.,
    an
    Illinois Corporation, and M
    &
    S
    DEVELOPMENT COMPANY,
    an Illinois
    Corporation,
    Respondents.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    Respondents, Watuhiyi Waterworks,
    Ltd.
    ,
    an Illinois
    Corporation,
    and M
    &
    S Development Company, an Illinois
    Corporation, owners and operators of a public water supply,
    were charged by a Complaint
    filed March
    1, 1978, with the
    construction of a storage tank and the installation and
    operation of water mains in violation of Section
    15 of
    the Environmental Protection Act and Rules 201(a)
    and 202
    of Chapter
    6:
    Public Water Supply, of the Pollution
    Control Board Rules and Regulations.
    A Statement of Stipulated Settlement was filed October
    6,
    1978;
    hearing was held at the Marshall County Courthouse,
    Lacon,
    Illinois,
    on December 12,
    1978.
    No members of the
    general public were present; no evidence was taken at the
    hearing.
    The facts set forth in the Stipulated Settlement
    establish that Respondents own and operate a public water
    supply
    in a residential area known as Hopewell Estates,
    located south of Sparland, Marshall County,
    Illinois
    (Stip.
    2).
    During the fall of 1976, Respondents met with representa-
    tives of the Complainant and were informed of the necessity
    for Agency permits prior to the construction or operation
    of any component of
    a public water supply facility.
    Prior
    to the issuance of any permit, Respondents built a 25,000
    gallon tank;
    on October 11, 1977,
    the Agency issued an “as-
    built” permit for the tank
    (Stip.
    2,
    3).
    The Agency issued
    September
    1, 1976,
    permit N 399-FY—l977 for the construction
    of water mains
    in Hopewell Estates with a special condition
    limiting construction to certain streets because
    of low well
    capacity then existing.
    V~atermains were constructed and
    32—417
    —2—
    put into operation, contrary to the conditions of the permit,
    during the period September
    1, 1976,
    to September
    1,
    1977.
    On October
    5,
    1977, the Agency issued
    ‘as—built’
    plan
    approval,
    a new water source having been developed
    at the
    facility
    (Stip.
    3,
    4)
    *
    The Respondent stipulates and admits the violation of
    Section 15 of the Act and of Rules 201(a)
    and 202 of Chapter
    6.
    Respondent agrees to cease and desist from violations
    of the Act and Chapter
    6 and
    to pay a civil penalty of
    $300.00 within 45 days of the entry of an Opinion and Order
    in this case
    (Stip.
    5,
    6).
    On the basis of the foregoing and the Statement of
    Stipulated Settlement entered into by the parties as
    filed
    October
    6, 1978,
    the Board finds that Respondents did violate
    Section
    15 of the Environmental Protection Act and Rules
    201(a)
    and 202 of Chapter
    6:
    Public Nater Supply,
    of the
    Pollution Control Board Rules and Regulations.
    The Board
    further finds that $300.00
    is
    a sufficient penalty for the
    violations found herein and necessary to the enforcement
    of the Act and will assess that amount as penalty for the
    infractions.
    The Board has considered the application of
    the requirements of Section
    33(c)
    of the Act to the facts
    and circumstances herein and finds the Statement of Stipu-
    lated Settlement acceptable under Rule 331 of the Board’s
    Procedural Rules.
    This Opinion constitutes the Board’s findings of fact
    and conclusions
    of law in this matter.
    ORDER
    1.
    Respondents, Watuhiyi Waterworks,
    Ltd. and M
    &
    S
    Development Company, are found to have constructed and
    operated public water supply facilities in violation of
    Section 15 of the Environmental Protection Act and of Rules
    201(a)
    and 202 of Chapter
    6:
    Public Water Supply,
    of the
    Pollution Control Board Rules and Regulations.
    The Board
    will assess a joint penalty of $300.00 for such violations;
    penalty payment,
    jointly or severably,
    shall be made by
    certified check or money order within 45 days of this Order
    payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    32—4 18
    —3--
    2.
    Respondents, Watuhiyi Waterworks,
    Ltd. and M
    &
    S
    Development Company, shall adhere to all provisions of the
    Statement of Stipulated Settlement which
    is incorporated by
    reference as
    if fully set forth herein.
    IT
    IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adopted on the
    ~
    day of
    1979 by a
    vote of
    4.-p
    *
    Illinois Pollution
    Board
    32—419

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