ILLINOIS POLLUTION CONTROL BOARD

January 29,

1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

 PCB 75—366

TOWNSHIP OF LEYDEN,

 a municipal

)

corporation,

)

Respondent.

Ms. Mary C.

 Schlott, Assistant Attorney General, Attorney for

Complainant

Mr. Anthony F.

 Spina, DeMunno

 & Spina, Attorney, for Respondent

OPINION AND ORDER OF THE BOARD

 (by Mr. Young):

On September 17,

 1975,

 a Complaint was filed by the Environ-

mental Protection Agency

 (Agency) alleging in Count

 I that Re-

spondent, the Township of Leyden,’ has operated its public water

supply system without having in its employ a certified water supply

operator from September 12,

 1973 until the filing of the Complaint

in violation of Section

 1 of the Operation of a Public Water Supply

Act

 (Ill.

 Rev. Stat.

 1973,

Ch.

 111 1/2, par.

 501—523) (Certification

Statute), and from December 21,

 1974 until the filing of the Com-

plaint in violation of Rule 302 of the Pollution Control Board

Rules and Regulations, Chapter

6:

 Public Water Supply

 (Chapter 6),

and Section 18 of the Environmental Protection Act

 (Act).

 Count II

of the Complaint alleged that Respondent failed to submit water

 samples and operational reports to the Agency from January 25,

1974

until the filing of the Complaint in violation of Section 19 of the

Act, and from December 21,

 1974 until the filing of the Complaint

in violation of Rules

 309 and 310 of the Public Water Supply Rules

in further violation of Section 18 of the Act.

Hearing was held on December 10,

 1975, in Franklin Park,

Illinois at which time a Stipulation and Proposal for Settlement

(Stipulation)

 executed by counsel for both parties was entered into

the record.

 No additional evidence was adduced at the hearing; no

members of the public were in attendance.

The Stipulation provided that Respondent is

 a municipal corpora-

tion operating

 a public water supply.system serving approximately

14,000 persons.

 Respondent’s public water supply system is

 a ground

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storage reservoir and distribution system and water from the

reservoir is chlorinated before being pumped into the distribution

system.

Respondent received letters noting the certified operator and

reporting requirements on August 15,

 1972, January

10,

 1974 and

February 4,

 1974.

 Water samples were, also requested in the January

10,

1974

 letter.

 An Agency Notice of Violation of the certified

 operator and reporting requirements was sent to Respondent on

March 11,

 1975.

 The Agency did not receive operating reports from

January 1974 through August 1975, nor did they receive water samples

from Respondent between January 25, 1974 and March 31,

 1975.

The

Respondent neither denied that they did not have a properly certified

operator in charge nor furnished proof of any properly certified

operator having supervision of the public water supply system.

 During

much of this time Respondent seems

 to have placed reliance upon the

efforts of one Raymond Heyden,

 then superintendent of the system,

to

take the Agency’s programmed learning course for operators and to

also pass the required examination.

 However,

 Mr. Heyden never took

the examination and left the employ of Respondent sometime mid-year

in 1975.

 Since October 30,

 1975,

 Respondent has employed

 a certified

public water supply operator holding a Class

 “C” certificate of

competence from the Agency which is the required classification for

compliance with the statute.

The parties agree that Respondent pay a civil penalty in the

sum of $200.00 on the Board’s finding of the violations alleged

in the Complaint.

On the basis of the above and the Stipulation, which constitutes

the entire record in this case, we find that Respondent did violate:

(a)

 Section

 1 of the Certification Statute from

 September

12,

1973

 to the date of filing of the Complaint.

(b)

 Rules 302 and 310 of the Rules and Section 18 of

the Act between December 21,

 1974 and the date of filing

of the Complaint.

Cc)

 Rule 309 of the Rules and Section 18 of the Act

between December

 21, 1974 and April

1,

 1975.

Cd)

 Section 19 of the Act between January

25,

1974

and the date of filing of the Complaint.

Section 23 of the Certification Statute requires the imposition

of

 a penalty not less than $100.00 nor more than $1000.00 for each

violation of Section 1 of the Certification Statute determined by

the Board to exist.

 A civil penalty of $200.00 is assessed for these

violations.

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776

—3—

This

Opinion constitutes the findings of

 fact and conclusions

of law of the Board

 in this matter.

ORDER

1.

 Respondent, Township of Leyden,

 is found to have operated

its public water supoly in violation of Section

 1 of the Operation

of

 a Public Water Supply Act; Rules

 302,

 309,

 and 310 of the Board’s

Public Water Supply Rules and Regulations;

 and, Sections

 18 and 19

of the Environmental Protection Act, and shall pay

 a penalty of

$200.00 for such violations.

 Penalty payment shall be made by

certified check or money order payable to the

State of Illinois

within 35 days of this Order to:

 Fiscal Services Division, Environ-

mental Protection Agency,

 2200 Churchill Road,

 Springfield, Illinois,

62706.

IT IS

 SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby,certify the

 ~oveOpinion and Order were

adopted on the

 I39~

 day of

by a vote of

1976

Illinois Pollution

 o1 Board

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