ILLINOIS POLLUTIONJ CONTROL BOARD
November 19, 1981
I1.~LINOIS ENVIRONMENTAL
)
PROTECTIOF’T AGENCY,
Complainant,
v.
)
PCB 81—41
VILT~AGE OF COOKSVILLE,
Respondent.
MARILI rIcFAWN, ATTORNEY AT LAW,
APPEARED
ON BEHALF OF THE COMPLAIN~1T.
JOHN SCHWULST,, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE RESPONDENT.
OPINIOr~AND ORDER
OF THE BOARD (by N.E.Werner):
This matter comes before the Board on the March
12,
1981
Complaint brought by the Illinois Environmental Protection Agency
“Agency”)
Count I of the Complaint alleged that the Respondent, the Vi.
of Cooksville (the “Village”), failed to: (1) have a certified water
supply operator from January 13, 1978 until March 12, 1981; (2)
subiii~
the requisite monthly operating reports and water samples to the
Agency;
(3) provide a screened vent for the casing of its well, and (4) provid~
the necessary test equipment to ascertain the iron content of its
water
in
violation
cf
Section 1(b) of “An Act to Regulate the Operating of a
Public Water Supply”, Ill. Rev. Stat., ch. 111—1/2, par. 501
etseg~.,
1979 (the “Water Act”), Rules 310(a) and 315 of Chapter 6: Public
Water Supplies (“Chapter 6”), and Sections 18 and 19 of the Illinois
Environmental Protection kct (“Act”).
Count
II alleged that the Village failed to obtain an
NPDES Per:iit
after the expiration of its prior NPDES Permit on
December 31, 1978
in violation of Section 12(f) of the Act.
A hearing was held August 27, 1981.
The parties filed a
Stipulation and Proposal for Settlement on August 31, 1981.
The Village of Cooksville, owns and operates a public water
supply systen~which serves about 285 people in McLean County, Illtrioi3.
The Respondent’s water supply facilities include “two drilt wells,
a forced draft aerator, a pressure filter, a 12,000 gallon pressur~
tank, and a distribution system”. (Stip. 1). Water is “aerated,
44—89
—2—
settled,
pumped,
chlorinated,
and filtere& at the Village’s treatment
plant prior to its
entrance
into the pressure tank
and
distribution
systems. (Stip. 2).
The Village’s water treatment plant discharges wastewater
containing
suspended
solids, iron and other materials from its
backflushing filters into an
unnamed
tributary of the Mackinaw River
pursuant to NPDES Permit No. XL 0023698 (which
expired
on December
31.,
1978). Although the Respondent was notified
that
it was necessary to
renew
the expired
NPDES
Permit, it failed to do so. (See: Exhibits
C,
D, F, and G).
The Village hired a certified water supply operator in
November, 1977 who subsequently died in
January,
1978. After the
death
of their certified operator, no
new
individual was hired until
the Agency filed its formal Complaint. It is stipulated that the
plant
now has
a properly certified operator. (Stip. 2).
Moreover, the Village
has now
provided a screened vent for its
well casing, submitted the necssary
monthly operating reports, and
come into compliance with applicable regulations.
(Stip. 2).
The
proposed settlement agreement provides
that
the Village
admits
the
allegations in the Complaint and agrees to:
(1) properly
operate its public water supply
system
in accordance wi$h the Board’s
Public Water Supplies Regulations, the Illinois Environmental
Protection Act, and the Water Act; (2) promptly
submit
its NPDES
Permit application to the Agency, and (3)
pay
a stipulated penalty of
$200.00
.
(Stip. 4).
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.
The Board finds the settlement agreement
acceptable
under
Procedural Rule 331 and Section 33(c)
of the Act.
Accordingly, the Board finds that the Respondent, the Village of
Cooksville, has violated Section 1(b) of the Water Act; Rules 310(a)
and 315 of Chapter 6, and Sections 12(f), 18, and 19 of~the Illinois
Environmental Protection Act. The Village will be ordered to
pay
the stipulated penalty of $200.00
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control Board
that:
1.
The
Respondent, the Village of Cooksville, has violated
Section 1(b) of “An Act to Regulate the Operating of a Public Water
Supply”, Ill. Rev. Stat., oh. 111—1/2, par. 501 et !2q~ (1979);
Rules 3
buT
air3
iT~?Chapter 6:• Public WAterTuppl1s, and
Sections 12(f), 18, and 19 of the Illinois Environmental Protection
Act.
44—90
—3—
2. 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 $200.00
which
is to be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
(Attention: Mary J0 Heiss)
3. The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed on
August 31, 1981, which is incorporated by reference as if fully set
forth herein.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify that the ~bove
Opinion and
Order were adopted
on the
/c~/1~
day of
~
1981 by a vote of
_________
Illinois Pollution
1 Board
44—91