ILLINOIS POLLUTION CONTROL BOARD

February 17,

1977

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

 PCB 76—143

VILLAGE OF ARLINGTON,

Respondent.

Mr.

 Steven H.

 Gunning, Enforcement Section, Division of Public Water

Supply,

 Illinois Environmental Protection Agency, appeared for the

Complainant;

Mr. Bruno

 P. Bernabei,

 appeared for the Respondent.

OPINION

AND

ORDER OF THE BOARD

 (by Mr.

 Dumelle):

This matter comes before the Board on a Complaint filed by the

Environmental Protection Agency against Respondent Village of

Arlington, Bureau County,

 Illinois on May 12,

 1976.

 The Complaint

alleges that Arlington operated its public water supply system, serv-

ing approximately 250 persons, without providing chlorination,

in

violation of the Board’s Public Water Supply Regulation

 305.

A

hearing in this matter was held on September 13, 1976.

 No issue of

fact was presented at that hearing, which takes up all of

 24 trans-

cript pages.

At page

 22 of the transcript the Agency states,

“...

 I think in

this instance there is no value to assessing a fine and the Agency is

not asking for one here.”

 The Agency further states, regarding

Arlington’s efforts

 to install chlorination facilities,”..,

 they have

been going forward expeditiously with it.”

 The record, to the extent

there

 is one, does tend to support these conclusions.

 The chlorination

requirement went into effect as of December 21,

 1975.

 While it is

clear that Arlington did make some effort to comply, that effort did

24

—

785

—2—

not bring compliance

until after

 the filing of this Complaint.

 Respon

sibility

 for some of the delay has been accepted by Mr. Sullivan,

Arlington’s consulting engineer.

 Other segments of the delay have

been attributed to poor communications between Arlington and the Agency

(R.9,13).

 There

 is also a possibility that Mr. Sullivan had been

engaged for this project prior to the filing of the Complaint

 (R.20)

The chlorination

 facilities were installed

 in August,

1976

 (R.9)

The Board finds that the record in this particular case does not

demonstrate

 a penalty to be necessary

 to aid in the enforcement of

the Act.

This Opinion constitutes

 the finding of facts and conclusions of

law of the Board in this matter.

ORDER

The Board hereby finds Respondent Village of Arlington, Bureau

County,

 Illinois to have violated Public Water Supply Regulation

 305.

IT IS SO ORDERED.

I,

 Christan

L.

 Moffett, Clerk of the Illinois Pollution Control

Board,

 hereby certify

 the above Opinion and Order were adopted on the

ILL!

(Lly

ol

~

 .1977

by

 vole

____

-~&

C?i~istanL.

 Moffekt, Clerk

Illinois Pollution Control Board

—

78fi