ILLINOIS POLLUTION CONTROL BOARD
    February
    7,
    1980
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    V.
    )
    PCB 79~194
    VILLAGE OF ST. MARIE,
    )
    Respondent,
    MS. CHRISTINE G,
    ZEMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF
    OF
    THE COMPLAINANT.
    MR.
    EDWARD
    R.
    STONE, PRESIDENT OF THE VILLAGE BOARD, APPEARED ON
    BEHALF
    OF
    THE RESPONDENT.
    OPINION AND’
    ORDER OF
    THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the September 12,
    1979
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”) which alleged that the Respondent owned
    a public water
    supply system which was operated from May 17,
    1977 until September
    1979 with no certified Class
    B
    or
    Class
    A water supply operator in
    violation of Section 1(b)
    of an
    Act
    to Regulate the Operating of a
    Public Water Supply,
    Ill,
    Rev. Stat,
    1977,
    ch, 111~1/2, par.
    501(b),
    Rule 302 of Chapter 6:
    Public Water Supplies,
    and Section 18 of the
    Illinois Environmental Protection Act
    (“Act”),
    A hearing was held
    on November 19,
    1979,
    The parties filed a Stipulation and Proposal
    for Settlement on November
    29,
    1979,
    The stipulated facts
    indicate that the Agency sent a Notice of
    Violation to the Village of St. Marie
    (“Village”) on January
    7,
    1975
    which advised the Respondent of its failure to employ a properly
    certified operator.
    (Stip. 2),
    On February
    9,
    1975,
    Mr. Merece
    Gowin, a former operator of the Respondent~sfacilities,
    reinstituted
    his formal certification with the State of Illinois,
    The Agency,
    in
    a letter dated March
    24,
    1975,
    requested that Mr. Gowin submit a
    “Notification of Certified Operator in Responsible Charge”
    form in
    order to bring the Respondent into compliance with the Board~sPublic
    Water Supply Regulations and the Public Water Supply Act,
    However,
    the requisite form was not submitted
    to the Agency,
    Subsequently,
    on May 17,
    1977, the Agency was notified of Mr. Gowin~s death.
    (Stip,
    3).
    37-~327
    On December 18,
    1978,
    the Agency again indicated to the Village
    that it was not
    in compliance.
    On March
    8,
    1979,
    a second Notice
    of Violation for failure to employ a certified operator was sent
    to the Village.
    On July 13,
    1979,
    the Agency again notified the
    Village that the necessary form had not been submitted,
    (Stip 3~4),
    During the time period from May 17,
    1977 until September 24,
    1979,
    Mr. Ben Kocher was employed by the Village to operate its
    public water supply system,
    Mr. Kocher failed to pass the Class C
    exam in June of
    1977,
    but took the test again
    in August of 1979.
    He obtained his Certification as a Class C water supply operator
    on August
    21,
    1979,
    (Stip.
    4),
    On September 24,
    1979,
    the Village retained Nr, Thomas
    C.
    Martin,
    a certified Class
    A water supply operator.
    On September 26,
    1979, the Agency received the requisite notification
    form which
    indicated that Mr. Martin was employed to operate only the Villag&s
    treatment plant.
    On September 24,
    1979, the Village submitted
    another notification
    form which stated that Mr.
    Ben Kocher, their
    certified Class C operator,
    was to be responsible for only the
    distribution
    system,
    (Stip.
    4),
    The proposed settlement agreement provides that the Respondent:
    (1) admits the allegations charged
    in the Complaint;
    (2)
    agrees to
    cease and desist from further violations,
    and
    (3) agrees to pay a
    stipulated penalty of $300.00
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all the facts and circum~
    stances in light of the specific criteria delineated in Section
    33(c)
    of the Illinois Environmental Protection
    Act.
    The Board finds the
    stipulated agreement acceptable under Procedural Rule 331 and
    Section
    33(c)
    of the Act,
    The Board finds that the Respondent,
    Village of
    St.
    Marie, has violated Section 1(b)
    of an Act to Regulate
    the Operating of a Public Water Supply,
    Ill.
    Rev.
    Stat.
    1977,
    ch. 111~1/2,par,
    501(b),
    Rule 302 of Chapter
    6:
    Public Water
    Supplies,
    and Section 18 of the Act,
    The stipulated penalty of
    $300.00 is assessed against the Respondent,
    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 Respondent,
    Village of St.
    Marie, has violated
    Section 1(b)
    of an Act to Regulate the Operating of a Public Water
    Supply,
    Ill,
    Rev.
    Stat.
    1977,
    ch. 111~-1/2,par.
    501(b),
    Rule 302
    of Chapter
    6:
    Public Water Supplies,
    and Section 18 of the
    Illinois Environmental Protection
    Act,
    27—328
    2,
    The Respondent shall cease and desist from
    further
    violations.
    3.
    Within 45 days of
    the
    date of this Order,
    the Respondent
    shall, by certified check or money order payable
    1~o
    the State
    of
    Illinois, pay the stipulated penalty of $300.00 which
    is to be
    sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    4.
    The Respondent shall comply with all the terms and
    conditions
    of the Stipulation and Proposal for Settlement filed November
    29,
    1979, which
    is incorporated by reference
    as
    if fully set forth
    herein.
    Chairman Dumelle concurs.
    I, Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control
    Board, her~bycertify
    h
    the
    above Opinion and Order were
    adopted
    on the
    ?
    day of
    ~
    1980 by a vote of
    $~O
    Illinois Pollution
    ntrol Board
    37—329

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