ILLINOIS POLLUTION CONTROL BOARD

October14 

1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 76—153

THE FAIR ACRES SUBDIVISION

ASSOCIATION, an Illinois not-

for-profit corporation,

Respondent.

Miss Helga E. Huber, Assistant Attorney General, appeared for

the Complainant.

Mrs. Toni Huyten, Secretary—Treasurer, Fair Acres Subdivision

Association, appeared for the Respondent.

OPINION AND ORDER OF THE BOARD (by Dr. Satchell):

This matter comes before the Pollution Control Board

(Board) upon a complaint filed May 14, 1976 by the Environmental

Protection Agency (Agency) alleging that the Fair Acres Sub-

division Association operates a public water supply system

serving

approximately 212 people in 

the

Fair 

Acres Subdivision,

near Silvis, Rock Island County, 

Illinois.

It was

further

alleged that Respondent’s public water supply system includes

one drilled well, a pressure storage tank and a distribution

system; that water is chlorinated

and fluoridated

before being

pumped to the pressure storage tank and into the distribution

system; that since at east

September 1

3 t  h.’ 

Respondent

tsis opera Led i Ls public water supply sys Leni wi

thou

t~ havin~j in

its employ a properly certified

public water supply operator

in violation of Section 501 of “An Act to Requlate the Operat-

ing of a Public Water Supply,” Ill. Rev. Stat. Ch. 111 1/2

Par. 501 (1973) 

Rule 302 of Chapter 6: Public Water Supply

Regulations

(Regulations)

and Section 18 of the Environmental

Protection Act (Act).

hearing was held in this matter on July 28, 1976 in

Moline, Illinois, At this time a Stipulation of Facts and

Settlement Agreement were submitted for the Board’s approval.

There was no testimony given.

24

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—2—

The stipulated facts are as follows. Respondent is,

and has been at all times pert~~icntto this action, an

Illinois not-for-profit corporation. Respondent owns and

operates a water supply system, consisting of one drilled

well, a pressure storage tank and a distribution system,

which serves approximately 212 people in the subdivision

located near Silvis, Rock Island County, Illinois. The

water is fluoridated and chlorinated before being pumped

into the distribution system. The area surrounding the

water supply facility is semi—rural, wooded, farmland and

residential. The present zoning classification is Rl,

single family. The water supply is run on a cooperative

membership basis. Members pay $38 per year for water service.

The gross income from fifty—seven homes is approximately

$2,166 per year. Respondent employs one person, Mr. Vernon

Austin, to supervise the water supply. He receives $480 per

year for his services. Mr. Austin has been employed as the

operator of the water supply since at least September 12,

1973.

Respondent was notified of its failure to employ a

certified operator by letter dated March 7, 1975. Mr.

Austin took the certification exam in June, August, October

and November of 1975. He was unsuccessful on the exam. The

complaint in this matter was filed May 14, 1976. By letter

dated May 29, 1976 Respondent notified the Agency that it

had hired Jimmy D. McCooley, a certified operator, to super-

vise the water supply. On June 1, 1976 Mr. Vernon Austin

again took the certification exam and passed as a Class “C”

operator, with certificate number 3780.

Respondent admits operating its water supply without a

Class A, B or C operator from September 12, 1973 to and

including the date of filing this complaint. ResDondent

stipulates that it has been at all times technically and

economically Feasible to employ 

a pro~~rly

(~I( 

O’(I O~)(’ra

Lor to superv ia;e i  Ls water supply.

The stipulated agreement entails that Respondent shall

at all times retain in its employ a Class A, B or C operator

duly certified by the Agency to supervise its water supply.

Respondent also agrees to pay a penalty of $100 as the full

and only penalty for the admitted violation and any violations

found by the Board based on the stipulated facts.

The Board finds the Stipulated Facts and Settlement agree-

ment to be acceptable under Procedural Rule 333. The Board

24 —

64

—3—

finds the Respondent to be in violation of Section 1 of

“An Act to Regulate the Operating of a Public Water Supply,”

Rule 302 of the Regulations and 

Section 18 of the Act. 

Re-

spondent shall pay a penalty of $100 for the aforesaid

violations.

This constitutes

the Board’s findings of facts and

conclusions of law.

ORDER

It is the Order of the Pollution Control Board that:

1. Respondent is

found to have been in violation

of Section 1 of “An Act to Regulate the Operating

of a Public Water Supply,” Rule 302 of the Chap-

ter 6: Public Water Supply Regulations and Section

18 of the Act.

2. Respondents shall at all times retain a properly

certified

public water supply operator.

3. Respondents shall pay a penalty of $100 within

35 days of this Order. Payment shall be made

by certified check or money order payable to:

State of Illinois

Environmental Protection

Agency

Fiscal Services Division

2200 Churchill Road

Springfield,

Illinois

62706

I, Christan L. Moffett, Clerk of the Illinois

Pollution

Control Board, hereby ceçtify the above Opinion and Order

were adopted on the

day of ~

~

1976 by a

vote

of

______________

EiL

c~Hf~)

~t?

Christan L. Moffett, 

,~r~rk

Illinois Pollution C~tro1 Board

—