ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    February
    3,
    1977
    ENVIRONMENTAL
    PRDTECTION
    AGENCY,
    Complainant,
    v,
    )
    PCB 76—202
    CITY
    OF
    ATHENS,
    )
    Respondent.
    THE
    HONORABLE
    WILLIAM
    J.
    SCOTT,
    Attorney
    General,
    by
    MR.
    STEVEN
    P.
    WATTS,
    appeared
    on
    behalf
    of
    Complainant;
    MR.
    SAMUEL
    P.
    BLANE,
    apenared
    on
    behalf
    of
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Goodman)
    On
    July
    29,
    1976,
    the
    Environmental
    Protection
    Agency
    (Agency)
    filed
    a
    Complaint
    against
    the City
    of
    Athens
    (City)
    Menard
    County,
    Illinois,
    charginq
    the
    City
    with
    violation of Section
    501
    of
    An
    Act
    to
    Regulate
    the
    Operating
    of
    a
    Public
    Water
    Supply
    System
    (Public
    Water
    Supply
    Act),
    Sections
    17
    and
    18
    of
    the
    Environmental
    Protection
    Act
    (Act),
    Rule
    302 of
    the
    Board’s
    Public
    Water
    Supply
    Regulations
    (Chapter
    6)
    ,
    and
    the
    Technical
    Policy
    Statement.
    A hearing was held
    in
    this matter on
    November
    4,
    1976,
    at the Athens City Hall.
    Tiu~ C
    I
    t.
    y
    ,
    wli
    i
    cii
    i~es
    a
    popuId LLon
    ol
    approx
    I
    md
    LU
    1y
    1. 120
    ,
    owns
    and
    opera tea
    LI
    pub
    I
    Ic
    Wd
    te r
    a apply
    cyst: cm
    which
    i ne I
    udes
    two
    dr ii
    led
    we
    1
    is
    a
    reaction
    basin,
    a
    60,000
    gallon
    elevated
    storage
    tank,
    and
    a
    distri-
    bution system.
    Water from the wells
    is aerated, chlorinated,
    filtered
    and fluoridated before being discharged into the distribution system.
    The Agency alleged
    in
    its Complaint that the City had,
    since
    at
    least
    March
    22,
    1976,
    failed to employ
    a certified water supply
    operator,
    as
    required
    by
    the Public Water Supply
    Act
    and the Board’s
    Public
    Water
    Supply
    Regulations.
    The Agency further alleged that
    the
    City
    had
    failed
    to
    maintain
    its facilities such that
    the
    water
    would
    be
    assuredly
    safe in L~uality, clean,
    adequate
    in quantity,
    and
    24
    687

    —2
    of
    satisfactor~
    w
    ‘r&
    ‘r..
    r
    s~’
    ~
    ‘in
    ~
    come
    ~.
    jn~r’-.’t
    on,
    as
    required
    by
    Se’~ior
    Y’
    ~
    t
    ;,
    fj
    .~l1
    -
    A
    ~.
    ~
    tail..d
    s
    qerc
    5—
    ~‘r
    ‘-‘-
    ..t
    ‘s
    ‘ivsttiri
    r’uv’
    ~
    ~
    on
    are violations oz
    tie
    ~
    r
    ~fl~J)l
    Io1i~ir St..~~eue
    t
    Ph.
    Agency
    also alleged
    ..‘a.
    ro’~
    aarv
    .
    .~
    :‘-
    ator
    in
    thc C4 tv’r
    v~temhas
    been
    black,
    bo’vn
    ..r
    r
    t
    ol.t
    c
    --
    Icor
    Ju~
    8—1
    ,
    ‘97r
    the
    City failed to pr
    vi.dc
    at
    t~.
    -
    q
    ..
    ti~.y
    ci ‘nt.r to
    it.
    ar~~
    EJLdence pro.icc
    a’ “c
    z’ ~~ngx~.cat~tine tha Cat2 ~Lnce at
    least March didi not eto.~o;a ~cr
    .fio~C1.sre ~ Cr B pub)ic water supply
    operator.
    The City
    1uE
    ~
    ~.
    ‘ttV’
    f
    “r
    a-a P’orc?.all, a
    certifi’~d
    operat. r
    I
    .
    -
    .
    tn
    ‘ly
    ist-id ‘~4,-h .‘e
    Agency
    as
    an
    SfltIjLflCj
    -
    o
    ~
    :c
    tflt
    ,‘t.
    F’dn3t
    L.
    8)
    Mr.
    Pierceall
    -e-
    is
    Li
    -
    mu
    o
    .~i
    r’ne
    to
    th’
    ~j.~ant three
    times
    since
    Februar)
    (B
    18’
    ••j~~
    (••S
    .
    tcstifiec.
    thai-
    the
    C’t
    had
    since
    March
    tvi~c
    -
    -
    -
    -
    u.
    bn
    ..
    La’
    qu...’
    ifter
    a
    very
    short
    period
    U
    Th.
    hi
    t
    ifiec?
    tPit
    a
    list
    it
    had
    conpilc.
    an..
    t
    ti
    vi’.
    .2
    t’ •ss B
    -
    -
    yrtor_
    ‘re’4
    31
    Class A operat ~a
    ‘c..
    ~.
    .‘r.
    t
    ri
    vni..h
    14io
    (
    tv
    i~
    located
    CR. 135).
    The
    Cit
    d.
    o
    3
    ‘c’i.
    se-cr
    f
    ho d’fici—
    encies
    ;n
    4te
    .
    .
    c
    i..
    i
    r’ti~.i
    iradecuate
    fluoridatiot
    bet
    -
    ~
    x
    -.
    ,
    I
    -e
    :uey
    2;
    ~flo,
    and others.
    Spec..fic~~±”.
    a
    ~-c
    .tllegi
    I
    in
    pa..
    graph
    11 a), e),
    fl
    c.
    4
    .nojast-...
    Tha Cc’ indi-
    cates ii
    ~s
    1
    ff•
    c
    ic
    -
    -
    r
    p
    ra~.o:fo
    the correction of
    those deficien c~
    c
    i
    -
    -
    ;
    ..r’~.cybeer corrected
    (See Respon-
    dent’s Exhib
    t
    No
    I
    .
    ~
    -
    -
    thc
    ~ncy
    s
    thmittcd
    its evalua-
    tion to the
    C~
    ;~
    ~
    j
    -
    ~.
    .F
    --licates the deficiencies
    alleged
    r p:r~gra~
    .
    3
    -
    I
    c
    o..
    to
    .~mpIatrt
    as well as the
    other deficiencics ‘~cd ab ~e
    ;~-
    we~vedby the
    hge•cy
    during an
    inspection.
    The
    Csty
    admits
    that
    at
    times
    the
    water is black,
    brown
    or
    rust
    color
    (Admission
    No.
    20).
    However,
    the
    City
    indicates
    that
    this discoloration occurs oily after the system has been flushed,
    which is a normal part of the ooeration of the system.
    Finally, the
    City
    admitn
    that
    on
    .7
    fly
    3-
    1,
    Ui
    iii
    fly
    or
    w.itrr
    uu)qblic-d
    to
    the
    City’s residents w~ssnadc2uoto
    (Admission No.
    21).
    The City testi-
    fied that this inadequacy zi.~sul-cdfrom the failure of the automatic
    switch and that the ~
    op’rated the switch manualy
    for those days
    until an electrician
    coula
    repair
    the
    switch
    (R.
    41,
    47,
    71).
    Several citizens testified at the hearing concerning the quality
    and quantity of water stpplied by the Cfty.
    The citizens testified
    that during the July 8-11 period, pressure was very
    low
    and
    at
    times
    there was no water at all
    (R.
    15, 127).
    Several other occasions when
    pressure was very
    low
    werc cited, and the citizens testified that low
    24—688

    3~
    pressure was
    a frequent occurrence
    (R.
    117,
    119,
    127,
    149,
    157).
    Several citizens obtain bottled water or water from Springfield for
    drinking purposes
    (R.
    121,
    152,
    164).
    The citizens complained that
    the water
    is often discolored or contains sand or grit
    (P.
    6,
    12,
    20,
    122,
    133,
    152).
    The Agency testified that during one incident when
    the system had been turned off in order
    for a new valve
    to be in-
    stalled,
    samples indicated there was contaminating matter
    in the
    system for about one week
    (B.
    102).
    The Board finds that the City has violated Section
    501 of the
    Public Water Supply Act,
    Rule
    302 of the Public Water Supply Regula—
    tions, and Section
    18 of the Act.
    The allegation of violation
    of
    Section
    17 of the Act is dismissed in that Section
    17 is merely an
    authorization for the adoption of regulations by the Board.
    Further-
    more,
    the Board finds that the City has violated the Agency~sTechnical
    Policy Statement as alleged in the Complaint and that such violations
    are violations
    of Section 18 of the Act.
    The Board has considered the factors enumerated
    in Section
    33(c)
    of the Act.
    The Board finds that injury to the public in this case,
    as indicated by the citizen testimony,
    has been extensive.
    The Mayor
    of the City indicated that the City could afford to pay
    a full-time
    certified operator
    (B.
    205).
    The purpose of requiring a certified
    operator is
    to avoid exactly the types
    of problems the City has faced
    in its supply sysLern.
    No question of technical feasibility or economic
    reasonableness has been presented,
    Furthermore,
    the Board hereby takes
    official notice of its prior decision in Environmental Protection
    PCB
    76-11,
    in which the Board found the City
    to have failed
    to employ
    a properly certified operator from 1973 until
    January,
    1976.
    The City has apparently ignored the Board~sOrder and
    continues
    in its violation, with the resulting injury to the public.
    The Board finds that a penalty of $2,000 is appropriate for the exten-
    sive violations
    found herein.
    However,
    the Board recognizes that
    Athens
    is
    a small municipality and that the citizens will have
    to bear
    the expense caused by the omissions of the City~sofficials.
    There-
    fore,
    the Board will,
    on the condition that the City employ
    a properly
    certified operator within 45 days,
    suspend all hut $100.00 of the
    ssessed pendity.
    This Opinion constitutes
    thc findings of
    fact
    and conclusions
    of law of the Board in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1.
    The City of Athens
    is found to have violated Section
    501
    24
    689

    of An Act
    to
    RequJ
    ~e
    Section
    18
    of
    th~
    ii~vir~
    Public
    Water
    F~
    2.
    For
    ~
    of
    $2,OOO~OO.
    :~
    has
    employed
    a
    pr~rcrl~
    ~r
    formed
    the
    Ag~rcy
    af
    penalt/
    shall
    be
    ~usp
    ~o.
    days
    of
    the
    date
    of
    taLE
    I
    ~i~oi~
    221C
    Ch~r
    S
    pera
    J.
    S
    Cit
    ~
    ~
    ~r ~r
    3.
    The C~ty
    water
    supply
    ope~~
    u
    within
    45
    days
    ct
    tao
    iii~ei oullic
    is
    iun
    1
    4.
    The
    C
    ~v
    violations.
    IT IS SO ORD~Th~
    I,
    Christan
    L~
    MofteL~-
    Liar
    o~
    1~
    inoi~
    Po~1ution
    Control
    Boar
    hereby
    certify
    the
    out.
    Cpi
    lot
    ~od
    Ord~er were
    adopted
    on
    the
    ~day
    of
    Februarj
    i~
    iv
    o
    of
    ~
    sjc
    to:
    I
    Board

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