ILLINOIS POLLUTION CONTROL BOARD
    August 12, 1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    PCB 76—105
    VILLAGE OF MATHERVILLE,
    )
    a municipal corporation,
    )
    Respondent.
    Ms. Mary Schlott, Assistant Attorney General, appeared on
    behalf of Complainant.
    Mr. John G. Ames appeared on behalf of Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Pollution Control Board
    (Board) upon a complaint filed by the Environmental Protection
    Agency
    (Agency)
    on April 16, 1976.
    The complaint alleges
    that the Village of Matherville owns, operates and controls
    a public water supply system in which water is treated with
    potassium permanganate prior to distribution; that Section 1
    of An Act to Regulate the Operating of
    a Public Water Supply
    requires any public water supply system with chemical treat-
    ment only to have in its employ at least one person certified
    as competent as a Class B or Class A water supply operator;
    that Rule 302 of the Chapter 6: Public Water Supply Rules and
    Regulations
    (Rules)
    also requires a certified public water
    supply operator to be employed by any public water supply
    system; and that Matherville has operated its public water
    supply system without any certified public water supply operator
    since at least September 12,
    1973 in violation of Rule 302 and
    Section
    1 of an Act to Regulate the operating of a Public
    Water Supply and Section 18 of the Environmental Protection Act
    (Act).
    A hearing was held on June 15,
    1976 at Aledo, Illinois,
    County of Mercer, at which time a Stipulation and Proposal of
    Settlement was submitted for the Board’s approval.
    No testi-
    mony was given.
    23
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    The stipulated facts, in pertinent part,
    are as enumerated
    below.
    Matherville is a municipal corporation that owns and
    operates a public water supply facility serving approximately
    700 persons.
    The water system consists of one drilled well,
    pressure filters, an elevated tank and a distribution system.
    The water is treated with potassium permanganate prior to
    being pumped through the pressure filters.
    Lack of a certi-
    fied operator was noted by the Agency on three separate field
    inspections.
    Letters of notice of the requirements were sent
    on four occasions.
    Notice of violation was sent to the Village
    on April
    10, 1975.
    The Village Water Superintendent took the
    operator’s certification examination in August 1975 but was
    unsuccessful.
    On October 1,
    1975 the Village was notified by
    the Agency that it must obtain a certified operator by Octo-
    ber 30,
    1975.
    Because the Village’s public water system includes
    filtration and ion exchange equipment, the Village must have in
    its employ an operator with a Class A or B certificate from the
    Agency.
    On May 24,
    1976 the Village hired as its public water
    supply operator, Jack E. Hoizer, who holds
    a Class A certificate
    of competency from the Agency.
    The Village admits operating its
    public water supply system without a certified class A or B
    operator from September 12,
    1973 to April 16,
    1976.
    The Village and the Agency agree that there is high
    social and economic value in the fact that the public water
    supply provides water for the Village’s 700 residents.
    No
    known public health hazard has resulted from the failure to
    employ a properly certified operator.
    The Agency contends
    that failure to employ certified-as-competent operating
    personnel increases the risk that contamination may enter a
    public water supply and thereafter go undetected, thereby
    increasing the possibility of danger to public health.
    The
    Village states that it lacks sufficient knowledge to either
    admit or deny the Agency’s contention.
    The Village of Mather-
    yule has stipulated to
    a penalty of $100 for the alleged
    violations.
    The Board finds that the stipulated agreement is adequate
    under Procedural Rule 333.
    The Board finds the Village of
    Matherville in violation of Rule 302 of the Public Water Supply
    Rules, Section 18 of the Act, and Section
    1 of an Act to
    Regulate the Operating of a Public Water Supply.
    The Board
    agrees with the Agency in that lack of
    a certified-as-competent
    operator of a public water supply greatly increases the possi-
    bility of contamination entering the supply and endangering
    health.
    A penalty of $100 is assessed in accordance with
    An Act to Regulate the Operating of a Public Water Supply.
    23
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    308
    —3—
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    It is the order of the Pollution Control Board that:
    1.
    The Village of Matherville was
    in violation of
    Rule 302 of the Chapter
    6: Public Water Supply
    Rules, Section
    18 of the Environmental Protection
    Act,
    and Section
    1 of an Act to Regulate the
    Operating of a Public Water Supply.
    2.
    A penalty of $100 is assessed for the aforementioned
    violations.
    Payment shall be by certified check or
    money order payable to:
    State of Illinois
    Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois 62706
    Payment shall be within thirty
    (30)
    days of this
    Order.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinon and Order
    were adopted on the
    /~j~ day of
    _____________,
    1976 by a
    vote of
    ~
    a
    Illinois Polluti
    Board
    23
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    309

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