ILL

NOIS

POLLUTION CONTROL BOARD

June

2,

1983

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 82—123

VILLAGE OF TAYLOR SPRINGS,

)

a municipal corporation,

Respondent.

JAMES

I. MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

OTTO

B. FUNK, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by W.J. Nega)~

This matter comes before the Board on the October

6,

1982

Complaint brought by the Illinois Environmental Protection Agency

(Agency).

Count

I of the Complaint alleged

that,

from September 12,

1973

until October

6,

1982,

the Village of Taylor Springs

(Village)

failed to have a certified operator for its public water supply

system (system)

in violation of Rule

302

of Chapter

6:

Public

Water Supplies

(35

Ill. Mm.

Code 603.103),

Section 18 of the

Illinois Environmental Protection Act

(Act),

and Section

501(d)

of “An Act

to Regulate the Operating of

a Public Water Supply”,

UI._Rev.

Stat.,

1981,

Ch.

111½,

sec.

501, et

!~1.

(Public

Water Supply Act).

Count II alleged

that,

on July

26,

1979 and November

2,

1981,

the Village failed to maintain a minimum pressure of

20 psi in

the Summit Heights area of its distribution system contrary to

the

requirements of

the

Agency’s Technical Policy Statement

(TPS)

212 F,

thereby volating Section 18 of the Act requiring the supply

of water to be assuredly safe in quality, and adequate in quantity.

Count III alleged that, from August

9, 1979 until October 6,

1982,

the Respondent failed to submit monthly operating reports

as required by TPS 305(D)(2) to the Agency,

after demand by the

Agency,

in violation of Rule 310(A)

of Chapter

6:

Public Water

Supplies

(35 Ill. Mm.

Code 606.101) and Sections

18 and 19 of

the Act.

52-28 1

---

—2—

Count IV alleged that,

between July 26,

1979 and May 4,

1981,

the Respondent constructed and operated a new water main in the Summit

Heights area of the Village without a construction or operating

permit from the Agency,

in violation of Rules 201

(35 Ill. Adm.

Code 602.101)

and 202

(35 Ill. Mm.

Code 602.102)

of Chapter

6:

Public Water Supplies and Sections

15,

16, and 18 of the Act.

A hearing was held on April

26,

1983.

The parties filed a

Stipulation and Proposal for Settlement on May

3,

1983.

The Respondent owns and operates a public water supply system

in Montgomery County,

Illinois which

is

limited to the distribution

of water for drinking and general domestic use and serves

approximately 650 people in the Village of Taylor Springs.

In

a letter dated August

9,

1979, the Agency asked the

Respondent to submit monthly operation reports containing data on

daily water usage and the results of tests for chlorine residuals,

but the Village did not comply with the Agency’s request.

(Stip.

2).

The proposed settlement agreement provides that the Respondent

admits the violations alleged in the Complaint and agrees to:

(1) employ a properly certified operator (such an operator was

hired on December 27,

1982);

(2) cease and desist from further

violations;

(3)

submit “as—built” plans and specifications to

the Agency for the water main constructed without an Agency permit

within 30 days from the date of the Board’s Order;

(4)

obtain

proper permits before making any other alterations

in the system;

(5) submit complete monthly operating reports to the Agency

(proper reports have been filed since November 9,

1982);

(6)

alleviate the problem of inadequate water pressure in the Summit

Heights area by implementing the measures approved by the Agency

in the Public Water Supply Construction Permit, No. 0644~FY1983,

issued to the Village on March 28,

1983;

and

(7)

pay a stipulated

penalty of $400.00.

(Stip.

3—6).

In evaluating this enforcement action and proposed settlement

agreement,

the Board has taken into consideration all the facts

and circumstances in light of the specific criteria delineated

in Section 33(c)

of the Act and finds the settlement agreement

acceptable under 35 Ill.

Mm.

Code 103.180.

The Board finds

that the Respondent, the Village of Taylor Springs, has violated

Rules

201, 202,

302 and 310(A)

of Chapter 6

(35 Ill.

Adm Code

602.101;

602.102;

603.103; and 606.101); Section 1(d)

of

the Public Water Supply Act;

and Sections

15,

16,

18 and 19 of

the Illinois Environmental Protection Act.

The Respondent

will

be ordered to cease and desist from further violations;

follow the compliance plan set forth in the Stipulation; and to

pay the stipulated penalty of $400.00.

This Opinion constitutes the Board’s findings of fact and

conclusions of

law in this matter.

52-282

---

—3—

ORDER

It is the Order of the Illinois Pollution Control Board

that:

1.

The Respondent, the Village of Taylor Springs, has

violated Rules

201,

202,

302 and 310(A)

of Chapter 6:

Public

Water Supplies

(35 Ill.

Adm. Code 602.101;

602.102;

603.103;

and 606.101);

Section 1(d)

of the “An Act

to Regulate the

Operating

of a Public Water Supply”,

Ill.

Rev. Stat.

1981,

Ch.

111½,

Sec.

501,

et

~j;

and Sections

15,

16,

18 and 19

of

the Illinois Environmental Protection Act.

2.

The Respondent shall cease and desist from further

violations.

3.

Within 30 days 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 $400.00 which

is

to be

sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

Illinois

62706

4.

The Respondent shall comply with all the terms and

conditions of the Stipulation and Proposal

for Settlement filed

on ~1ay3,

1983, which

is incorporated by reference as

if fully

set forth herein.

IT

IS SO ORDERED.

I,

Christari L.

Moffett,

Clerk of the Illinois Pollution

Control Board,

hereby cehtify that the above Opinion and Order

were

adopted

on

the

~

____day of

~JL-~,

1983byavoteof~o

__

Illinois Pollul

Control Board