ILLINOIS POLLUTION CONTROL BOARD
    February
    19,
    1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    v.
    )
    PCB 79—201
    VILLAGE
    OF APPLE RIVER,
    an ILLINOIS MUNICIPAL CORPORATION,
    )
    Respondent.
    MRS. ALICE N. KOHN,
    ASSISTANT ATTORNEY GENERAL APPEARED ON BEHALF
    OF THE COMPLAINANT.
    MR. WILLIAM JAMES APPEARED ON BEHALF
    OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.D. Dumelle):
    The Illinois Environmental Protection
    (Agency) filed a
    complaint
    in this matter on September
    26,
    1979,
    against the
    Village of Apple River
    (Apple River).
    The Agency alleges that
    Apple River has violated Section 18 of the Illinois Environmental
    Protection Act
    (Act) and Rules
    302 and 305 of Chapter
    6 of the
    Board’s Regulations:
    Public Water Supplies, by failing to
    chlorinate the water of its public water supply before it enters
    the distribution system and by failing
    to have its water supply
    supervised by a competent Class
    A, B or C operator.
    Hearing was
    held on October
    3,
    1980,
    Members of the public were present.
    Apple River owns and operates a public water supply system
    serving
    an estimated 500 persons in Jo Daviess County
    (Jt. Ex.
    #1).
    Agency representatives inspected this system on July
    8,
    1976; September
    23,
    1977; October 30,
    1978; and January
    4,
    1980.
    On each occasion
    the Agency found that Apple River was not
    chlorinating its water and that the operator in charge was a
    Class D operator
    (Comp. Ex’s 2-5 and 11),
    Not only has Apple River not disputed this,
    it has also
    entered
    into a stipulation that
    it has not chlorinated its water
    since at least July
    8,
    1976,
    and has failed to employ
    a Class
    A,
    B
    or C operator during the same period.
    Further, Apple River’s
    Water and Sewer Commissioner, William James, testified that Apple
    River does not intend to provide continuous chlorination in the
    future(R.
    61).
    Therefore,
    the Board finds that Apple River has violated
    Section 18 of the Act and Rules 302 and 305 of Chapter
    6:
    Public
    Water Supplies.
    As a result of these violations Apple River has
    allowed those who use its water to be subject to potential
    40—483
    —2—
    contamination of that water.
    The dangers involved in the failure
    to chlorinate public water supplies are discussed at length in
    the Board’s Opinion in R78—8
    (October 30,
    1980).
    Apple River has not alleged that the hiring of a properly
    certified operator or the use of chlorination
    is technically
    impractical or prohibitively expensive.
    In fact, by October
    3,
    1980,
    chlorination equipment had been installed,
    though it was
    not in use
    (Comp.
    Ex,
    8 and
    R,
    36).
    Also,
    Apple River now has a
    properly certified operator.
    Therefore,
    the Board finds these
    actions to be both technically practical and economically
    reasonable.
    The Board does not question the suitability of the location
    of the public water source or its social and economic value.
    However,
    that value
    is seriously diminished when the supply
    is
    not operated in a manner which best protects the health and
    general welfare of those serviced.
    Chlorination
    is
    a protective
    measure which should not be ignored,
    as is the employment of
    a
    properly certified operator.
    After a consideration of the factors in Section 33(c)
    of the
    Act,
    the Board finds that a penalty of $100 is appropriate as a
    necessary aid
    in the enforcement of the Act in addition to a cease
    and desist order.
    This
    is the minimum penalty the Board
    may impose under Section 23 of the Public Water Supply Act.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    The Village of Apple River is found to have violated
    Section 18 of the Environmental Protection Act as
    well as Rules 302 and 305 of the Board’s Regulations,
    Chapter 6:
    Public Water Supplies.
    2.
    The Village of Apple River shall cease and desist
    within 30 days of the date of this Order from violations
    of Rules 302 and 305 of Chapter
    6.
    3.
    The Village of Apple River shall pay within
    45
    days
    of the date of this Order, by certified check or
    money order payable to the State of Illinois,
    a
    penalty of $100 which is to be sent to
    :
    Environmental
    Protection Agency, Fiscal Services Division,
    2200
    Churchill Road,
    Springfield, Illinois 62706.
    IT
    IS SO ORDERED.
    40—484
    —3—
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby 5~rtifythat the above Opinion and Order
    ~
    the
    /9
    day of
    ~
    1981 by a
    Christan L. Moff~1t.AClerk
    Illinois Pollutidw~ontrol Board
    40—485

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