ILLINOIS POLLUTION CONTROL BOARD
August 5, 1976
ENVIRON~1ENTAL PROTECTION AGENCY,
Complainant,
v.
)
PCB 75—395
THE VILLAGE OF MALTA, a municipal
corporation,
Respondent.
Ms. Dorothy J. Howell, Assistant Attorney General, Attorney
for Complainant
~1r. Douglas R. Engel, Leifheit, Cliffe and Engel, 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 on October 10, 1975, alleging
various violations by the Village of Malta in the operation of
its public water supply. The Village filed an Answer to the Com-
plaint on November 24, 1975, admitting the allegations in the
Complaint and pleading in mitigation that the Village had been
unable to employ a properly certified operator. Hearing was held
in DeKalh on April 9, 1976, at which time a Stipulation and Pro-
posal for Settlement was entered into the record. 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 system
serving approximately 320 people in DeKalb County. The system
includes drilled wells, a hydropneumatic storage tank and a
distribution system. The water is fluoridated before being dis-
charged into the storage tank and distribution system.
On the basis of the pleadings and the Stipulation, the Board
finds that the Village operated its supply without having in its
employ a properly certified operator from September 12, 1973 until
October 10, 1975 in violation of Section 1 of the Operation of a
Public Water Suoply Act (Ill. Rev.
Stat.,
1973, Ch. 111 1/2, par.
501-523) (Certification Statute) and from December 21, 1974 until
23
—
213
—2—
October 10, 1974 in further violation of Rule 302 of Chapter 6:
Public Water Supply Regulations and Section 18 of the Environ-
mental Protection Act (Act).
On the basis of the pleadings and the Stipulation, the Board
also finds that the Village failed to submit monthly water samples
to the Agency in violation of Rule 309 and Section 19 of the Act
in December of 1974, and for the period of February through August,
1975. The Village failed to submit monthly operating reports to
the Agency in violation of Rule 310 and Section 19 of the Act from
December, 1974 through September, 1975.
The Stipulation does not contain any evidence supporting the
Village’s allegation that it was unable to employ a certified
operator; it does provide, however, that on November 21, 1975 the
Village employed a properly certified operator to operate its
public water supply. The Village agrees to operate its public
water supply in full compliance with all applicable regulations
and to correct any non—complying conditions. The parties further
agree that the Village pay $200.00 as penalty for these violations.
The Stipulation and Proposal for Settlement submitted by the
parties is found adequate under Rule 333 of our Procedural Rules
(EPA v. City of Marion, 1 PCB 591). On the basis of this Stipula-
tion and the record, the Board will assess a penalty of $200.00
for the violations found herein.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
1. Respondent, Village of Malta, has operated its public
water supply in violation of Section 1 of the Certification Statute,
Rules 302, 309 and 310 of the Public Water Supply Regulations, and
Sections 18 and 19 of the Act 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. Respondent, Village of Malta, shall operate its public
water supply system in full compliance with all applicable legis-
lation and regulations.
3. Respondent, Village of Malta, shall correct any and all
conditions representing potential sanitary hazards or noncompliance
with qualifications and standards to the satisfaction of Agency
technical representatives no later than 30 days of the date of this
Order.
23 —214
—3—
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify th above pinion and Order were
adopted o the
~
day of
—,
1976 by a
vote of
.-~
~Board
23
—
215