ILLINOIS POLLUTION CONTROL BOARD
March 11, 1976
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
V.
)
PCB 75—328
VILLAGE OF HARVEL,
)
Respondent.
Mr. Steven Watts, Assistant Attorney General, Attorney for
Complainant
Mr. Ralph Bowden, Attorney for Respondent
OPINION AND ORDER OF THE BOARD (by Mr. Young):
This matter comes before the Board on a Complaint filed
by the Environmental Protection Agency (Agency) on August 25,
1975, alleging various violations by the Village of Harvel
(Village) in the operation of its public water supply. Hearing
was held on October 17, 1975 in Hhlisboro at which time a
Stipulation of Parties and Proposed Settlement (Stipulation)
was filed with the Board. No members of the public were present
and no additional evidence was adduced at the hearing.
The Village owns and operates a public water supply facility
serving approximately 270 people in Montgomery County. This
facility’s treatment process includes aeration, filtration,
fluoridation and chlorination of the water.
In Count I of the Complaint the Agency alleged that the
Village operated its supply, from September 12, 1973 until the
date of the filing of the Complaint, without having in its employ
a properly certified water supply operator in violation of
Section 1(b) of the Operation of a Public Water Supply Act (Ill.
Rev. Stat. 1973, Ch. 111 1/2, par. 501—523) (Certification Statute).
Section 1(b) requires:
“Each public water supply which includes fil-
tration, aeration and filtration, or ion
exchange equipment as a part of its primary
treatment shall have in its employ at least
one natural person certified as competent as
a Class B or Class A water supply operator.”
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—2—
Respondent admits that it has operated its supply from September
12, 1973 to August 25, 1975, without having in its employ a
Class B or Class A operator.
In Count II of the Complaint the Aqency alleged that the
Village operated its public water supply without a properly
certified operator from December 21, 1974 through August 25,
1975, in violation of Rule 302 of the Board’s Public Water
Supply Regulations (Chapter 6) and in further violation of
Section 17 of the Act. Rule 302 provides that all provisions
of the Certification Statute shall be met. The
admission
re-
ferred to in the discussion under Count I also establishes a
violation of Rule 302. While the Agency alleged a Section 17
violation occurred, such is not the case. Section 17 of the
Act is merely an enabling section giving the Board authority
to adopt regulations governing public water supplies; therefore,
any charge alleging violation of this section must be dismissed.
In Count III of the Complaint the Agency alleged the
Village operated its public water supply from January of 1972
through June of 1975 without submitting monthly operating reports
to the Agency in violation of Rule 310 of the Public Water Supply
Regulations and in further violation of Section 19 of the Act.
Rule 310, which became effective December 21, 1974, requires the
submission of monthly operating reports to the Agency. Since
the Village admits that it has failed to submit monthly operating
reports from January 1972 through June 1975, a Rule 310 violation
is established for the period from December 21, 1974 through
June 1975. In addition, it was alleged that the failure to sub-
mit monthly reports also constituted a violation of Section 19
of the Act. Section 19 of the Act requires, in pertinent part:
“Owners or official custodian of public water
supplies shall submit
...
such reports
...
as
may be requested by the Agency.”
To prove a violation of Section 19 it must be established that
the Agency did, in fact, request the reports. Since the Stipula-
tion did not contain any facts which would support this conclusion,
the Section .19 charge must be dismissed.
The parties agree that the Village pay $200.00 as penalty
for the violations found to exist by the Board. In addition, it
is noted that the Village has employed a properly certified opera-
tor to operate its public water supply.
The Stipulation of Parties and Proposed Settlement submitted
by the parties is found adequate under Rule 333 of our Procedural
Rules (EPA v. City of Marion, 1 PCB 591).
20— 236
—3—
On the basis of the foregoing and the Stipulation, which
constitutes the entire record in this matter, we find that the
Village violated Section 1(b) of the Certification Statute from
September 12, 1973 through August 25, 1975, violated Rule 302
of the Public Water Supply Regulations from December 21, 1974
through August 25, 1975, and violated Rule 310 of the Public
Water Supply Regulations from December 21, 1974 through June
30, 1975. Section 23 of the Certification Statute requires
the imposition of a penalty not less than $100.00 nor more than
$1,000.00 for each violation of Section 1 determined by the Board
to exist. A penalty of $200.00 is assessed for these violations.
This Opinion constitutes the Board!s findings of fact and
conclusions of law in this matter.
ORDER
1. Respondent, Village of Harvel, has operated its public
water supply in violation of Section 1(b) of the Certification
Statute and Rules 302 and 310 of the Public Water Supply Regu-
lations (Chapter 6) and shall pay a penalty of $200.00 for such
violations. Penalty payment by certified check or money order
payable to the state of Illinois shall be made within 35 days
of the date of this Order to: Fiscal Services Division, Illinois
Environmental Protection Agency, 2200 Churchill Road, Springfield,
Illinois, 62706.
2. The portions of the Complaint alleging violations of
Section 17 and Section 19 of the Environmental Protection Act
are dismissed.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above 0 inion and Order were
adopted on the
(i~
day of
______________________,
1976
by a vote of
~
Christan L. Moff~ Clerk
Illinois Pollutio Control Board
20—237