ILLINOIS POLLUTION CONTROL BOARD
    April
    2,
    1981
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    V.
    )
    PCB 80—194
    VILLAGE OF GERMANTOWN,
    a
    )
    municipal corporation, and
    )
    THOMAS MICHEEL,
    )
    Respondents.
    MR.
    REED W. NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT.
    HOHLT, HOUSE, DeMOSS and JOHNSON, ATTORNEYS AT LAW
    (MR. BRADLEY W.
    SMALL, OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT VILLAGE
    OF GERMANTOWN.
    MR.
    THOMAS MICHEEL, MAYOR OF GERMANTOWN, APPEARED PRO SE.
    OPINION AND ORDER OF THE BOARD
    (by N.E.Werner):
    This matter comes before the Board on the October 21, 1980
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that, from April
    24,
    1980
    until August
    4,
    1980, the Respondents failed to chlorinate the
    water distributed through the Village of Germantown’s public water
    supply system in violation of Rule 305 of Chapter
    6:
    Public Water
    Supplies (“Chapter 6”) and Section 18 of the Illinois Environmental
    Protection Act
    (“Act”).
    Count
    I also alleged that Mr. Micheel caused the removal of
    the chlorination equipment from the Village’s public water supply
    on April
    24,
    1980 and this equipment was not returned to service
    until August
    4,
    1980.
    It is alleged that water samples which were
    collected and analyzed on two occasions during this time period
    indicated excessive and unsafe bacterial levels which allegedly
    were caused by the failure to maintain continuous chlorination.
    Accordingly,
    on July 25,
    1980,
    Agency
    employees
    installed and put
    into operation, at government expense, chlorination equipment and
    materials.
    41—173

    Count II alleged that,
    from April
    24, 1980 until August
    4,
    1980,
    the Respondents failed to provide supplemental fluoridation to the
    Village’s water supply system thereby causing the average fluáride
    ion content in the water to fall below 0.9 milligrams per liter
    (“mg/i”)
    in violation of Rule 306 of Chapter
    6 and Section 18 of
    the Act.
    A hearing was held on March
    9,
    1981.
    The parties filed a
    Stipulation and Proposal for Settlement on March 13,
    1981.
    The Village of Germantown (“Village”)
    owns and operates a
    public water supply system which serves about 1,300 individuals
    in Clinton County, Illinois.
    (Stip.
    2).
    The Village, which has
    its own source of water
    (i.e.,
    four 28 feet deep drilled drift wells
    and a distribution system),
    does not purchase water from any other
    public water supply.
    (Stip.
    2).
    The average natural
    fluoride ion
    content of the Village’s water is approximately 0.4 mg/i.
    (Stip.
    2).
    Mr.
    Thomas Micheel,
    the mayor of the Village of Germantown,
    is
    the official custodian of the water supply system.
    (Stip.
    2).
    The parties have stipulated that:
    “On or about April
    24,
    1980,
    Thomas Micheel removed the
    Village’s chlorination equipment from the water supply
    pumphouse,
    locked it away and thereafter refused to
    reveal its whereabouts.
    Earlier that day, on two separate
    occasions, Thomas Micheel unplugged the chlorine and
    fluoride pumps and left written instructions that no one,
    including the operator,
    Roger Richter, was to plug them
    back in.
    Both times Roger Richter disregarded the notices
    and reconnected the machines.
    Upon returning to the pump—
    house late that afternoon,
    Mr.
    Richter discovered that
    both pumps had been removed from the premises.”
    (Stip.
    3).
    During the past several years,
    the Village of Germantown has
    experienced problems with darkly—colored water
    (i.e.,
    “dirty” water)
    from its public water supply facility.
    The Agency believes that
    this problem has resulted from the relatively high levels of
    manganese in the water.
    Manganese,
    when oxidized, gives the water
    a black color.
    (Stip.
    5).
    On the other hand, Mr. Micheel believes
    that the chlorine is the primary cause of the “dirty” water problem.
    (Stip.
    5).
    However, the Agency contends that the chlorine merely
    accelerates “oxidation that
    is nevertheless inevitable due to” a
    chemical reaction with oxygen in the water and bacterial action
    caused by “bacteria which use manganese as part of their metabolism”.
    (Stip.
    5).
    The Agency believes that the solution to the Village’s “dirty”
    water problem is the “removal of manganese from the water.”
    (Stip.
    5).
    In response to the Agency’s suggestion,
    the Village
    commissioned an engineering study which was completed in September,
    1979 that recommended that filtering equipment be installed “to
    remove manganese from the raw well water”.
    (Stip.
    5).
    41—174

    The Agency has stated that:
    “In the interim, due to numerous complaints received by
    the Agency and the Village as to the color and questionable
    quality of the water,
    the Agency has provided technical
    assistance to the Village’s water supply operator in the
    form of advice on a main flushing program and upping
    chlorine feed rates to kill
    or inactivate manganese—
    consuming bacteria.
    The results of these operational
    changes have been mixed.”
    (Stip.
    5—6).
    The Villaq~’s Board of
    Trustees consists of six Board members
    and the Mayor.
    The Mayor is the President of the Board and has
    “veto power over most Board actions”.
    A two—thirds vote by the
    Board members can override the Mayor’s veto.
    (Stip.
    2).
    At the Village Board meeting of March, i~O, Mr. Micheel
    indicated to the Board that he intended to r~~Vethe Village’s
    chlorinator by Easter
    (i.e.,
    April
    6, 1980).~e other members of
    the Village Board “expressed their disapprov~of that action”.
    Accordingly, Mr. Micheel indicated that he wo~L~d
    not remove the
    chlorinator until he saw what action the iili4bis Senate would take
    on Senate Bill 1404 which proposed to make ch~rinationoptional,
    rather than mandatory,
    for public water suppl~.systems serving
    smaller communities.
    (Stip.
    6-7).
    It is stipulated that:
    “...after learning that S.B.
    1404 apparently would not
    come to a vote,
    on April
    24,
    1980 Thomas Micheel removed
    the chlorination and fluoridation equipment.
    That night,
    several members of the Village Board met with Micheel to
    request that the machines be reconnected.
    Micheel refused
    to do so, and refused to disclose the whereabouts of the
    equipment.
    Several Trustees later that night discussed
    their options,
    and having no attorney decided to contact
    the Agency for its reaction..
    .
    In the several months
    thereafter, the Village Board continued to request Micheel
    to reconnect the machines.
    Also,
    the Village Board
    approved the purchase of coliform testing equipment to
    monitor water quality.
    Further action was not taken by
    the Village Board because the Agency had not formally
    informed the Village of its position on the matter, and
    the Village Board felt that
    a decision by the legislature
    on S.B.
    1404 was imminent..
    .
    For its part, the Agency had
    decided to postpone any action on its cases against all
    water supplies not in compliance with the chlorination
    requirement pending final resolution of S.B. 1404, or
    until such time as there was evidence of contamination at
    any of those supplies”.
    (Stip.
    7—8).
    On July
    23, 1980, Agency water analyses of samples taken from
    the Village’s water supply system indicated excessive growth of
    4 1—175

    coliform bacteria.
    (St:Lp.
    3;
    Sear
    Fxhibit 1).
    The parties have
    stipulated that:
    “...That same
    day,
    the Agency called the Village and Roger
    Richter to
    notify them of
    the contamination.
    Mr.
    Richter,
    on authority of the
    Village
    Board of Trustees, immediately
    issued a boil order to local businesses and radio stations.
    Shortly thereafter,
    Thomas Micheel contacted the radio
    stations and rescinded
    the
    boil order.
    Later that day,
    the Agency’s Public Affairs Section contacted four radio
    stations in the Germantown area,
    and issued a boil order
    of its own...
    At approximately 3:45 p.m. on July 25, 1980,
    four Agency
    employees~arrivedin Germantown to assess the situation.
    At the w~ér supply’s pur~phouse, it was verified that no
    chlorinat~nor fluoridation equipment was present.
    The
    Agency p
    onnel then affixed the standard Agency Seal
    along wi1~Jkawritten declaration of the Agency’s Director
    limiting~cess to the facility to Agency personnel and
    Mr. Richt~r. At this time,
    Thomas Micheel gave Mr. Richter
    a written~30—dayNotice of Termination, purportedly for
    assisting~theAgency personnel.
    The Agency personnel then
    joined wi~hMr.
    Richter
    in installing an
    Agency—owned
    emergency~chlorinefeed
    pump and in
    making up a vat of
    chlorine solution, using Agency-supplied chemicals.
    After
    instructing
    Mr.
    Richter to begin systematic flushing of
    the system and testing for chlorine residual and to
    continue submi~.tingwater samples, the Agency personnel
    departed at approximately 6:00 p.m....
    In the next few days,
    water samples showed a reduction in
    bacterial quantity and
    a measurable chlorine residual
    in
    the distribution system.
    After consistent readings of
    zero coliform bacteria,
    the
    Agency lifted its boil order
    at approximately 2:30 p.m., July
    29, 1980.
    The missing
    pumps were returned and placed back
    in service on
    August
    4,
    1980.
    The Agency—owned chlorinator was returned
    to the Agency’s Collinsville office and the seal removed
    on August
    5,
    1980”.
    (Stip.
    3—4),
    The Agency has asserted that its actions in setting up the
    chlorine feed pump and
    in making up the vat of chlorine solution
    totaled $581.74 which “included time and expenses of the Agency
    personnel as well as costs for materials and supplies furnished and
    expedited laboratory analysis costs”.
    (Stip.
    4;
    See: Exhibits
    2,
    3,
    and 4).
    There appears to be no question that the costs incurred by
    the Agency were directly in response to the deliberate actions taken
    by Mayor Micheel in his fight against mandatory chlorination.
    (See:
    Exhibit 5).
    The proposed settlement agreement provides that the Respondents
    admit the allegations charged in the Complaint, agree
    to cease and
    41—176

    desist from further violations, and agree upon a stipulated penalty
    of $850.00 against Respondent Micheel.
    (Stip.
    8—9).
    Additionally,
    the Village Board has made assurances “that it will exercise its
    powers much more firmly in the future to prevent a recurrence of
    this situation”.
    (Stip.
    8).
    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.
    The Board finds that the Respondents,
    the Village of Germantown and
    Thomas Micheel, have violated Rules 305 and 306 of Chapter
    6:
    Public
    Water Supplies and Section 18 of the Illinois Environmental Protection
    Act.
    The Respondents will be ordered to cease and desist from
    further violations and
    a stipulated penalty of $850.00 will he
    assessed against Respondent Thomas Micheel.
    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 Respondents, the Village of Germantown and Thomas
    Micheel, have violated Rules 305 and 306 of Chapter
    6:
    Public Water
    Supplies and Section 18 of the Illinois Environmental Protection Act.
    2.
    The Respondents shall cease and desist from further
    violations.
    3.
    Within 60 days of the date of this Order, Respondent
    Thomas Micheel shall, by certified check or money order payable to
    the State of Illinois, pay the stipulated penalty of $850.00 which
    is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    4.
    The Respondents shall comply with all the terms and
    conditions of the Stipulation and Proposal
    for Settlement filed
    March 13,
    1981, which is incorporated by reference as
    i~f fully set
    forth herein.
    Dr. Satchell abstains.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order were adopted
    on the
    ~
    day of
    _____________,
    1981 by a vote of
    L/~O
    Christan L. Moe’~~,Clerk
    Illinois Polluti~-’ControlBoard
    41—177

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