ILLINOIS

POLLUTION CONTROL BOARD

February

19, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—377

VILLAGE OF STEWARD, a municipal

)

corporation,

Respondent.

Ms. Dorothy J.

Howell, Assistant Attorney General, Attorney

for Complainant

Mr. David

K. Guest,

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 September

26,

1975, alleging that the Village of Steward operated its

public water supply from August

2,

1974 until September

26,

1975, without having a certified operator in its employ in

violation of Section

1 of the Operation of a Public Water

Supply Act

(Ill.

Rev.

Stat.

1973,

Ch. 111 1/2,

par.

501—523)

(Certification Statute),

in violation of Rule 302 of the Board’s

Public Water Supply Rules and Regulations

(Regulations), and

in further violation of Section 18 of the Environmental Pro-

tection Act

(Act).

Hearing was held on January

27,

1976, at

the Village, at which time

a Stipulation and Proposal for

Settlement

(Stipulation) was entered into the record.

The Village owns and operates a public water supply system

serving approximately 315 people

in Lee County.

This water supply

system includes two drilled wells,

a hydropneumatic storage tank,

and a distribution system.

Water for the system is fluoridated

before entering the storage tanks and the distribution system.

Section

1 of the Certification Statute requires the employ-

ment of a person certified as competent as a Class C operator

by any public water supply conducting chemical treatment only.

Rule

302

of

the

Water Supply Regulations requires that the

provisions of Section

1 of the Certification Statute are

to be

met, and in addition requires that all official operating reports

submitted to the Agency are to be signed by a certified operator.

20—117

---

—2—

The Stipulation provides that the Village operated its

water supply from August

2, 1974 until September 26,

1975,

without having in its employ a certified operator as required

by Section

1 and Rule 302.

Since October 15,

1975, the Village

has employed an operator holding a Class

“C” certificate of

competence, such classification being sufficient to meet the

requirements of Section

1.

The parties agree to payment of $200.00 in settlement of

the matter.

On the basis of the above and the Stipulation, which con-

stitutes the entire record in this case, we find that the Village

did violate Section

1 of the Certification Statute from August

2,

1974 until September 26, 1975,

and in further violation of

Rule 302 of the Water Supply Regulations and Section 18 of the

Act.

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 of the Certification

Statute 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

Respondent, Village of Steward,

is found to have operated

its public water supply in violation of Section

1 of the Certi-

fication Statute, and in further violation of Rule 302 of the

Water Supply Regulations and Section 18 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

this Order

to:

Fiscal

Services Division, Illinois Environmental Protection Agency,

2200 Churchill Road,

Springfield, Illinois, 62706.

IT IS SO ORDERED.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, here~certify

th

above Opinion and Order were

adopted on the

~

day of ________________________, 1976

by a vote of

~

-~

GA~

~d’4Ii ~dd~

Christan L. Moffe~

lerk

Illinois Pollution

ontrol Board