ILLINOIS POLLUTION CONTROL BOARD

September

1,

1977

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

PCB 77-7

CITY OF HURST,

)

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

On January

7,

1977 the Illinois Environmental Protection Agency’

(Agency)

filed a complaint charging the City of Hurst

(Hurst) with

violation of Section

1 of An Act to Regulate the Operating of

a Public

Water Supply

(Act).

A hearing was held on August

12, 1977 at the

Herrin Council Chambers at which time a Stipulation and Proposal for

Settlement was presented for Board approval.

It is

incorporated by

reference

as

if fully set forth herein.

Hurst, a municipality located in Williamson County,

owns and

operates a public water supply system consisting of

a distribution

system and a 70,000 gallon elevated storage tank.

Under Section

1

of the Act, every facility limited to pumpage,

storage, or distri-

bution must have

in its employ at least one person properly certified

as a competent water supply operator.

The complaint alleges and

Hurst admits

that

from at least January

7,

1975 until the filing of

the complaint,

Hurst failed to

employ a properly certified operator.

The violation

in fact continued until April

29,

1977, when the head

of the City of Hurst

~7ater

and Sewer Department,

Darrel B. Garner,

was awarded

a Class B Certificate

of Competency by the Agency.

Accordingly,

the Board finds Hurst violated Section

1 of an Act to

Regulate the Operating of a Public Water Supply for having operated

its facility without a properly certified operator.

Under the terms of the Act,

upon finding a violation the Board

must assess a penalty of not less than one hundred dollars

($100)

nor greater than one-thousand dollars

($1000).

The Board finds the

stipulated penalty of $250.00 adequate.

7

26-~

---

—2—

This Opinion constitutes the Board’s finding of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Pollution Control Board that:

1)

The City of Hurst is found in violation of Section

1

of An Act to Regulate the Operating of a Public Water

Supply.

2)

The City of Hurst shall pay a penalty of $250.00

within 45 ~1aysof the date 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

3)

Respondent shall comply with the terms of the

Stipulation and Proposal for Settlement which is hereby

incorporated 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

/~p

day of

~

,

1977 by a vote of

~

Ci

~A’

V

C?Iristan I~. Moffet~,~Clerk

Illinois Pollution Control Board

~27-33 C

26—430