ILLINOIS POLLUTION CONTROL BOARD
    September 18, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—113
    )
    VILLAGE OF
    KANE,
    Respondent.
    Ms. Marilyn B.
    Resch, Assistant Attorney General, appeared
    on behalf of the Complainant;
    Mr. Hugh Strickland, McDonald and Strickland,
    appeared on
    behalf of the Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter
    coi’~tes before the Pollution Control Board
    (Board)
    upon the May 20,
    1975, Amended Complaint of the
    Environmental Protection Agency
    (Agency)
    against the Village
    of Kane
    (Kane).
    The original complaint was filed March
    10,
    1975,
    charging Kane with violating Section
    I of an Act to
    Regulate the Ope~ationof a Public Water Supply,
    Ill.
    Rev.
    Stat.
    Chapter 111 1/2 Par.
    501
    (1973),
    in that Kane operated
    a public water supply from on or about June 11,
    1974,
    to the
    date of filing of the complaint without a certified Class B
    or Class A operator.
    The Amended Complaint added a viola-
    tion of Rule 302 of the Public Water Supplies Regulations
    from December 21,
    1974,
    to the date of filing.
    A hearing
    was held July
    23,
    1975,
    at Carrollton,
    Illinois.
    Rule
    302,
    in pertinent part,
    states:
    “All provisions
    of An Act to Regulate the Operating of
    a Public Water Supply
    .shall be met.”
    Paragraph 501(b) of the Public Water Supply Act states:
    (b) Each public water supply which includes
    filtration, aeration and filtration,
    or ion ex-
    change equipn.ent as a part of its primary treat-
    ment shall
    hai.e
    in its employ at least one natural
    person certifisd as competent as a Class B or
    Class A water supply operator.
    18—530
    —2—
    Kane is
    located in Greene County,
    Illinois,
    and has
    a
    population of 473 ~R.38).
    Kane admits that its public water
    supply utilizes fiitration equipment as part of the primary
    treatment of its well water
    (Comp.
    Ex.
    1).
    It also admits
    that between June II,
    1974, and March
    10,
    1975,
    the Village
    had no certified water supply operator
    (R.3).
    In addition,
    Kane admits that several letters, including a notice of
    violation, had been sent to it by the Agency
    (Comp.
    Ex.
    1).
    The Board must find that Kane has violated both Para-
    graph 501 of the Public Water Supply Act and Rule 302 of the
    Public Water Supply Regulations.
    Prior to June
    11, 1974, John Elmor was the certified
    water supply operatcr for the Village.
    When he died in June
    of 1974,
    his son-in-law, Delbert Allan, became the operator
    although he was not certified
    (R.19).
    On June
    4,
    1975, Kane
    hired Jack Shafer as operator.
    Mr.
    Shafer, who also oper-
    ates the Jerseyville water supply,
    holds
    a Class A certi-
    fication
    (R.33,
    42).
    The Board notes that the requirements for obtaining a
    Class B certificate includes three years of on the job
    training plus
    a high school education or four years actual
    training and a grade school education.
    After being trained,
    the prospective operator must pass a written examination.
    A
    certified operator is necessary in order
    to assure safe
    water production and to maintain the water quality until
    it
    reaches the consumer.
    The minimum penalty set by law for the violations found
    herein is
    $100.00.
    The Board finds that as Kane now has
    a
    certified operator and as no citizen complaints were filed,
    a penalty of $100.00
    is appropriate.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law
    in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1)
    Respondent Village of Kane is
    found to have vio-
    lated Paragraph 501 of the Public Water Supply Act and Rule
    302 of the Public Water Supply Regulations during the period
    between June
    11,
    1974,
    and March 10,
    1975; and
    18—531
    —3—
    2)
    Respondent Village of Kane shall pay as
    a penalty
    the
    sum
    of $100.00, payment to be made within
    35 days of
    the date of this Order, by certified check or money order
    to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opini
    n and Order
    were adopted on the
    ~3P*~
    day of
    _________
    1975 by a
    vote of
    ~
    Illinois Pollution
    rol Board

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