ILLINOIS POLLUTION CONTROL BOARD
    April
    22,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—376
    VILLAGE OF CRESTON,
    a municipal
    )
    corporation,
    Respondent.
    MS. DOROTHY HOWELL, Assistant Attorney General, appeared on behalf
    of Complainant;
    MR. BRUCE WELLMAN, appeared on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    On September 26,
    1975 the Environmental Protection Agency
    (Agency)
    filed
    a two count Complaint against the Village of Creston
    located
    in Ogle County, Illinois.
    The first Count alleges failure
    to employ a properly certified public water supply operator in
    violation of Section 501 of an Act to Regulate the Operating of
    a Public Water Supply,
    Ill,
    Rev. Stat.,
    ch.
    111—1/2, par,
    501
    as amended by P,A,
    78-810
    (Public Water Supply Act),
    Section 18
    of the Environmental Protection Act
    (Act), and Rule 302 of
    the Board’s Public Water Supply Regulations.
    The second Count
    alleges failure to submit monthly operational reports
    in
    violation of Section 19 of the Act and Rule 310 of the Board’s
    Public Water Supply Regulations.
    A hearing was held on
    February 11, 1976 at which the parties presented a Stipulation
    and Proposal for Settlement pursuant to Rule 333 of the Board’s
    Procedural Rules.
    The Village of Creston
    (Creston)
    owns and operates a public
    water supply system consisting of one drilled well, one stand-by
    well,
    a hydropneumatic storage facility, and a distribution
    system.
    Water
    for the system is fluoridated before being
    discharged into the distribution
    system.
    There
    is no dispute
    as to the application of the cited laws and regulations to Creston’s
    facility, which supplies water for drinking and general domestic
    use to approximately 180 people.
    21—231
    —2—
    However,
    this case must be determined on the basis of a
    Stipulation which does not contain facts sufficient for any
    finding of violation on either of the two Counts.
    The choice
    is to accept or reject the Proposal for Settlement.
    The Board
    finds
    no reason to reject this Settlement,
    given the fact that
    a substantial penalty would only deprive this small village of
    funds necessary for the maintenance of its operation, and would
    serve
    no environmental purpose.
    Further, on March
    8,
    1976
    Creston’s Village Clerk certified and sent to this Board
    a
    copy of the February
    16,
    1976 resolution of the Creston Board
    of Trustees hiring Mr. Arthur Yates,
    a qualified Class
    “C”
    Operator, to operate its public water supply system.
    The proposed settlement provides that Creston shall
    pay $200.00
    to the State of Illinois, and henceforth
    operate its public water supply system in full compliance
    with all applicable legislation and regulations.
    The facts
    that no actual environmental harm has been shown and that the
    alleged violations have already been corrected lead this
    Board to conclude under the particular circumstances displayed
    in the record,
    that the Proposal for Settlement should be
    accepted.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    1.
    The Board hereby adopts
    in all respects the Stipulation and
    Proposal for Settlement submitted by the parties
    in this cause.
    A.
    The Village of Creston shall henceforth operate its
    public water supply system in full compliance with all
    applicable legislation and regulations.
    B.
    The Village of Creston shall remit the sum of $200.00
    to the State of Illinois in settlement of this cause, payment
    to be made
    by
    certified check or money order within
    35 days
    of the date of this Order to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection
    Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    21
    —
    232
    —3—
    2.
    This cause is
    hereby
    dismissed.
    IT IS SO
    ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    BoardL hereby certify the above Opinion and Order were adopted on the
    ~
    day of April,
    1976 by a vote of
    ____________________
    41e&
    C ristan L. Moffet ,,~1Ierk
    Illinois Pollution C’6t~rolBoard
    21
    —
    233

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