ILLINOIS POLLUTION CONTROL BOARD
October 19, 1978
ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
PCB 78—151
!~1ANSON
HEIGHTS, INC., an
Illinois Corporation,
Respondent.
MR. REED
NEUMAN,
ASSISTANT
ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE
COMPLAINANT.
MR. STEVEN WATTS, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
RESPONDENT.
OPINION
AND ORDER OF THE BOARD
(by Dr. Satchell):
This matter comes before the Board upon a complaint filed
on May 23, 1978 by the Environmental Protection Agency (Agency).
The complaint alleges violations of Section 18 of the Environ-
mental Protection Act (Act); Rule 209 of Chapter
6:
Public Water
Supply Regulations (Chapter 6); Rule 302 of Chapter 6 and
Section 1 of “An Act to Regulate the Operating of a Public Water
Supply”; Rule 305
of
Chapter 6; Rule 306 of Chapter 6; and Rules
309 Aarid 310 of Chapter 6 and Section 19 of the Act. Hearings
were held concerning this matter on July 28, 1978 and September 11,
1978. At the September hearing a stipulated proposal for settle-
ment was presented to the Board for approval. No testimony was
given at this hearing.
The stipulated agreement provides the following facts.
Manson Heights has at all times pertinent hereto, owned and
operated a public water supply, as defined by the Act, in Knox
County, Illinois approximately twelve miles east of the City of
Galesburg and three miles north of an unincorporated residential
area known as “Appleton”.
The public water supply system consists of a distribution
system, a carbon filter, and separate pressure storage tanks,
one of forty gallons and the other of eighty—two gallons capacity.
The system draws its water from an adjacent strip mine lake of
approximately 342.3 million gallons capacity. Respondent’s
system has served and presently does serve thirteen homes, of
which
six at present are used only as vacation homes. These
homes are served by two separate pumping stations which pump
water drawn from the strip mine lake.
—2—
Respondent’s system also at one time provided water for a
campground area consisting of approximately 100 trailer/camper
spaces, four outside hydrants, a bathhouse, and a swimming pool.
Since on or about August 11, 1977 at least the camping area
itself has been and will be served by a separate well dug by
Manson Heights, and a 5000 gallons capacity pressurized storage
tank has been installed for the campground. Presently the lake
pumping system serves the campground only to supply water to a
dumping station and arrangements have been made by Manson Heights,
Inc. to sever that connection on or before January 1, 1979. None
of the water which goes to the dumping station is used for
drinking purposes.
After an inspection of the water supply in November 1976
an Agency inspector contacted Respondent concerning possible
violations. One method of achieving compliance suggested
was
for Manson Heights to alter its system so that it would no
longer be classified as a public water supply under the Act.
Steps were then taken to modify the supply accordingly.
In the spring of 1977, a contract was made to have a new
well dug for the campground. On or about August 11, 1977 this
work was completed. Following this the campground water supply
was severed from the lake pump houses; the connection between
the lake pump houses was severed and the mains changed so that
one system served eight of the thirteen homes and the other
system served five. At this time iodinators were installed at
each pump. Presently these systems function independently and
serve as back-ups for each other. In September 1977 the Agency
was informed of these changes; however, the letter was either
lost or misplaced and no response was ever made.
The Agency has received several complaints about Respondent’s
water supply; specifically in the spring of 1977 complaints were
made that at times water pressure was low or at zero. The Agency
has serious reservations about the ability of the supply as
designed to provide safe and adequate quality water in sufficient
quantities. The Agency in a letter dated June 27, 1977 recom-
mended that a boil order be issued until the deficiencies were
corrected. With the aforementioned changes Respondent feels
that the system now supplies water of adequate quantity and
quality; the Agency is without sufficient information to form a
final opinion about the present water supply. The parties submit
that water samples taken from the supply over the past two years
have given no indication that a danger of water contamination
exists.
31—680
—3—
Respondents admit the alleged violations up to on or About
August 31, 1977. The parties agreed the violations were
unintentional and the Respondent has acted promptly and dili-
gently to correct the problem. Upgrading the facility could
run from $10,000 to $30,000. Additional annual operating costs
would also be incurred. Given the costs and the size of the
system Respondent submits that it would rather attempt to comply
with the Act by
establishing separate water supply systems, each
serving less than ten residences, thus
exempting these systems
from current Board regulations.
Adequate physical separation of the systems has already
been achieved. Perfection of the separation of ownership and
transfer thereof to
separate
and distinct associations of the
homeowners
of these systems can be achieved by January 1, 1979.
This method of compliance is technically practicable and econ-
omically feasible. The Board notes it has accepted such sol-
utions in previous similar cases, EPA v. E. Lyle Epperson et
al.., 23 PCB 581 (1976). The location is not in issue in this
cause. The facility does have significant social and economic
value to the community, but the continued failure of the
facility to be in compliance constitutes a potential to injure
or interfere with the protection of the property and general
welfare of the people.
Manson Heights agrees to cease violations of the Act and
currently applicable rules and regulations by January 1, 1979.
Until compliance is achieved, Manson Heights shall take all
steps necessary to insure the delivery of water of adequate
quality and sufficient quantity to its customers from the lake
pumping systems. The steps to be taken, including the possibil-
ity of a boil order, shall be determined after consultation with
Agency field personnel.
The parties agree that no present Board water supply regulations
apply to the compground facility as now constituted. The Agency
submits that this facility is now properly within the jurisdiction
of the Department of Public Health.
The stipulation provides that considering the nature of the
conditions at the subject site, the size of Respondent’s operation,
the general diligence of Respondent to achieve compliance and the
Agency’s failure to respond promptly to Respondent’s overtures
towards compliance, and the other control measures agreed to, the
parties recommend that no monetary penalty be assessed.
•31—6~1
—4—
The Board finds the stipulated agreement acceptable under
Procedural Rule 331. The Board finds that Respondent was in
violation of the alleged Rules and Sections of the Act until
August 31, 1977. Respondents will be required to comply with
all the provisions of the stipulated agreement incorporated by
reference as if fully set forth herein. No penalty shall be
assessed.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that:
1. Nanson Heights, Inc. is found to have violated
Section 18 of the Environmental Protection Act;
Rule 209 of Chapter 6: Public Water Supply Reg-
ulations; Rule 302 of Chapter 6 and Section 1 of
“An Act to Regulate the Operating of a Public
Water Supply”; Rules 305 and 306 of Chapter 6; and Rules
309 and 310 of Chapter 6 and Section 19 of the
Act.
2. Respondent shall comply with all the provisions
of the stipulation incorporated by reference as if
completely set forth herein.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opi io and Order
were adopted on the _____________day of
_______________,
1978
by a vote of
4/-ce .•
Illinois Pollutio
.~l—682