ILLINOIS POLLUTION CONTROL BOARD

October 14,

1976

E~VIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 76—130

VILLAGE OF GLENWOOD,

a municipal corporation,

Respondent.

Ms. Helga Huber, Assistant Attorney General, Attorney for

Complainant

Mr. Joseph

R.

Perozzi, McGrane, Perozzi, Stetler, Meekins

& Gerardi, Attorney for Respondent

OPINION

AND

ORDER OF THE BOARD

(by Mr.

Young):

This matter comes before the Board on the Complaint filed

‘lay

6,

1976 by the Environmental Protection ~\gency (Agency)

charging

in Count

I that the Respondent Village

of

Glenwood

(Glenwood)

owned and operated a public water supply system since

at least March

26,

1974 without having in

its employ

a properly

certified water supply operator in violation of Section

1 of the

Operation of

a Public Water Supply Act

(Ill.

Rev.

Stat.

,

1973,

Ch.

111 1/2,

par.

501) (Certification St:dtute) and since December

21,

1974,

in violation of Rule 302

of C~iapter 6:

Public r~1ater

Supply of the Pollution Control Board Rules and Regulations

(Chap-

ter

6)

and Section

18 of the Environmental Protection Act.

The

Complaint

further charges

in Count

II that Glenwood failed to

fi 1~e

reports

since

January

1

,

1975 perta

in~

nc~

to

the

sans

t~ry

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A Stipulation of Fact executed by the parties

(Joint Exh.

#1)

was entered into the record at a hearing on the matter on July

6,

1976

in Chicago.

The Village of Glenwood owns and operates

a water supply

system serving approximately 12,000 persons

in

Cook County,

Illinois which system includes four drilled wells,

two elevated

storage tanks, one ground storage reservoir and a distribution

system.

The water supply is chlorinated

and water

from

Wells

No.

3 and

5

is treated with potassium permanganate, polyphosphate

24

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51

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and filtered before being pumped to the elevated storage tanks

and thence

to the distribution system.

The Certification Statuse requires under Section

1(b)

that

each public water supply which includes filtration, aeration

and filtration,

or ion exchange equipment as

a part of its pri-

mary treatment shall have

in its employ at least one natural

person certified as competent

as

a Class B or Class A

water

supply operator.

Rule 302 of Chapter

6 requires that all pro-

visions

of the Certification Statute shall be met.

From the stipulated facts we conclude that Glenwood was and

is required by the Certification Statute to have in its employ

a water supply operator holding a Class A or B certificate of

competence during the periods alleged and that during the period

alleged Glenwood did not employ

a public water supply operator

possessed of

a Class A or B certificate of competence.

The

Stipulation and Record

(B. p6) indicate that

a properly certified

operator was employed by Glenwood on July

6,

1976,

In regard to Count

II, the failure to

file operating reports

as required by Rule 310 of Chapter

6, Respondent’~sSewer and

Water Department Superintendent,

Louis Kromer,

testified that he

was aware of the rule and thought that he was complying with it

(R.

p11);

that he first found out about operational reports

in

a letter from the Agency in September or October of 1975 and that

he started filing operational reports

in January

1976

(R.

p6)

Mr. Kromer also acknowledged that he had received a copy of Chap-

ter

6

in early

1975

(R,

p9—10)

The

Village

Clerk,

Jean

Magqio,

testified

that

the

fit~t

official notification that there had

haso:

a violation

of the Act

was

in February of 1976

(B,

p16)

and of efforts

taken by Glenwood

to hire

a properly certified operator: fffter receipt of

a list of

certified operators

(Exhibit B)

furbished by the Agency on June

8,

1976 culminating in the employment of a properly certified

operator

(B,

p16—20)

On

the basis of

the pleadings

,

the

St

pu

Ia

Lion

01

I~acts

and

the

testimony

at

the

hearing

in

thi s matLos the board

Li

nds

the

Respondent did violate Section

1 of the Certification

Statute,

Rules

302 and 310 of Chapter

6 and Sections

18 and

19 of the Act.

Section 1 of the Certification Statute requires the imposition

of

a penalty of not less than $100.00 nor more than $1000.00 for

each violation of Section

1

found by the Board~

The

Board

will

assess $200.00

as

penalty

for

these

~vidlations,

This Opinion constitutes the Board~s findings of fact and

conclusions of law in this matter,

24

—

52

---

ORDER

Respondent, Village of Glenwood,

is found to have operated

its public water supply

in violation of Section

1 of the Certifi-

cation Statute

(Ill.

Rev.

Stat.

1973 par.

501)

,

Rules

302 and 310

of Chapter

6:

Public Water Supply Pollution Control Board Rules

and Regulations,

and Sections 18 and 19

of the Environmental Pro-

tection Act

(Ill.

Rev.

Stat.

1973 par.

lOl8;lOl9)

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 the date of this Order to:

Fiscal

Services Division,

Illinois Environmental Protection Agency,

2200

Churchill Road,

Springfield,

IT

IS

SO ORDERED.

I, Christan

L. Moffett, Clerk of

the Illinois Pollution

Control Board,

hereby certify the a~ov~Opinion and Order

were

adopted on the

/1/’~

day of

~ç4~~/

_____,

1976 by

a

vote of~’-O

Illinois Pollution

trol Board

24

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