ILLINOIS
POLLUTIO~ICONTROL BOARD
June 12,
1980
1F.h
No
IS
ENVIRONMENTAL
PROTECTION
AGENCY
,
Complainant,
)
PCB
79—214
OGLE COUNTRY
VIEW HOMEOWNERS’
)
ASSOCIATION,
an Illinois
not-for—profit Corporation,
)
Respondent.
ALICE NUSBAUM, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEIThLF OF
THE
COMPLAINANT.
KENNETH
MANON,
PRESIDENT
OF
TFIE
ASSOCIATION,
APPEARED ON BEHALF
OP
THE
RESPONDENT.
OPINION AND ORDER OF TUE BOARD
(by Board MembGr Werner):
This matter comes before the Board on the October 10, 1979
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that the Respondent
owned a public water supply system which was operated from
December
16,
1976 until October 10,
1979 without chlorination of
the water before it entered the distribution system
in violation
of Rule 305 of Chapter
6:
Public Water Supplies
(“Chapter
6”) and
Section 18 of the Illinois Environmental Protection Act
(“Act”).
Count
II alleged that,
from December
16,
1976 until October 10,
1979,
the Respondent failed to provide supplemental fluoridation
of its water
so that the fluoride ion concentration has not been
maintained between 0.9 and 1.2
mgIl
in its distribution system in
violation of Rule 306 of Chapter
6 and Section
18 of the Act.
Count III alleged that,
from December
16,
1976 until October
10,
1979,
the Respondent had no operating master meter to monitor the
finished water
in violation oF Agency Technical Policy Statement
306(A)(11) and therefore
in violation of Section
18 of the Act.
On April
14,
1980,
a hearing was held and the parties filed a
Stipulation and Proposal
for Settlement.
The Respondent,
the Ogle Country View Homeowners’ Association
(the “Association”),
owns and operates a public water supply system
which distributes water
to about
13 separate homes or properties
(with an estimated service population of
46 persons).
This small
facility, which includes one drilled well,
one hydropneumatic
—2—
tank and a distribution system,
is located
in Lindenwood,
Ogle
County,
Illinois.
The parties have stipulated that the Association failed to
chlorinate its water and provide supplemental fluoridation from
December
16,
1976 until April
14,
1980, despite notification
from the Agency
to the Respondent on January
10,
1977, January
3,
1979, and January
30,
1979 pertaining to noncompliance with the
Board’s Public Water Supply Regulations and the Act.
(Stip.
2—3).
The Association asserts that
it has been unable to chlorinate and
fluoridate the water because of a lack of sufficient funds
in its
treasury.
(Stip.
3).
The Respondent states that it has had an
operating master meter
since November 23,
1977,
and the Agency
notes that
its operational survey of the Respondent~s facility
(which was conducted on October
2,
1978)
indicated that this master
meter was being utilized.
(Stip.
2).
The proposed settlement agreement provides that the Respondent
shall:
(1) chlorinate the water distributed by its public water
supply system within 60 days;
(2) provide supplemental fluorida-
tion of the water distributed by its public water supply system
(so that a fluoride ion concentration between 0.9 and 1.2 mg/i is
maintained) within 120 days;
(3) apply for and obtain all necessary
construction and operating permits from the Agency pertaining to
the installation of
its
chlorination
and Fluoridation
equipment,
and
(4)
pay
a stipulated penalty of $300.00 within one year of the
date
of
this
Board
Order.
(Stip.
4).
In
evaluating
this
enforcement
action and
proposed
settlement,
the Board has taken into consideration all the facts and circum-
stances in light of the specific criteria delineated in Section 33(c)
of the Illinois Environmental Protection Act.
The Board finds the
stipulated agreement acceptable under Procedural Rule 331 and
Section 33(c) of the Act.
The Board finds that the Respondent,
the Ogle Country View Homeowners’ Association, has violated
Rules 305 and 306 of Chapter
6:
Public Water Supplies and
Section 18 of the Act.
The stipulated penalty of $300.00 is hereby
assessed against the Respondent.
This Opinion constitutes the Board’s findings of fact and
conclusions of
law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board that:
1.
The Respondent,
the Ogle Country View Homeowners’
Association, has violated Rules 305 and 306 of Chapter
6:
Public
Water Supplies and Section
18 of the Illinois Environmental
Protection
Act.
2.
Within 60 days of the date of
this Order, the Respondent
shall chlorinate the water distributed by its public water
supply
system.
—3—
3.
Within 120 days of
the date
of this Order, the Respondent
shall
provide supplemental fluoridation of
the water distributed
by its public water supply system so that a fluoride ion concen-
tration between 0.9 and 1.2 mg/i
is maintained.
4.
The Respondent shall
apply for and obtain all necessary
construction
and
operating
permits
from
the
Agency
pertaining
to
the
installation
of
its
chlorination
and
fluoridation
equipment.
5.
Within
1 year of the date of this Order, the Respondent
shall,
by certified check or money order payable to the State of
Illinois,
pay the stipulated penalty of $300.00 which is
to be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Divison
2200 Churchill Road
Springfield,
Illinois
62706
6.
The Respondent shall
comply with all the terms and
conditions
of the Stipulation
and
Proposal
for Settlement filed
April
14,
1980, which
is incorporated by reference as
if fully
~et
forth herein.
Chairman
Dumelle and Mr. Goodman concur.
I,
Christan L.
Moffett,
Clerk of
the Illinois Pollution
Control
Board,
hereby certify that the above Opinion and Order we~9adopted
on the JA+~_day
of
_____,
1980
by a vote of
—0
Christan L.
Moffe’t~J Clerk
Illinois Pollution ~ontrol
Board
