ILLINOIS POLLUTION

CONTROL BOARD

November

23,

1977

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

V.

)

PCB 77—181

VILLAGE OF EMDEN, a municipal

corporation,

Respondent,

MS. ANNE L.

CARR, ASSISTANT ATTORNEY GENERAL, APPEARED FOR

THE COMPLAINANT,

MR. WARREN PETERS, VILLAGE ATTORNEY, APPEARED FOR THE RE-

SPONDENT.

OPINION AND ORDER OF THE BOARD

(by Mr. Werner):

I.

LEGAL BACKGROUND

This matter comes before the Board upon the July

5,

1977

Complaint of the Environmental Protection Agency

(Agency)

charging the Village of Ernden

(Emden), a municipal corporation,

with violating Rule 305 of Chapter

6:

Public Water Supplies

(Chapter 6).

A hearing was held on October 13,

1977.

The

parties filed

a Stipulation and Proposal for Settlement on

October 18,

1977.

II.

FACTUAL BACKGROUND

Emden owns and operates

a public water supply which

serves the village, located

in Logan County,

Illinois.

From

December

21, 1975 until on or about March 30,

1976 the pub-

lic water supply was not chlorinated as required by Rule 305.

Adequate chlorination equipment was installed on or about

March 30,

1976,

However, Emden failed to obtain a construction

permit for this equipment,

28

*

263

---

The Acency had sent three

letters

to

Emden,

(April

3,

1975,

~nd

February U,

JU6)

concerning

the

chlorination renuirernent,

No

response

was

received.

The

r~flc

then sent an Enforcement Notice

to

Emden

on

December

21,

1976,

Again, no response was

received.

Plans

and

specifications

concerning

the chlorination

facilities

were

not seumitted to the

Agency

by

Emden

u~itil

after

the

filing

of

the

piresent

.Com.1.ain..t,

Emden admits,

in the stipulation,

~f having ~io1ated

Rule 305 of Chapter

6 for approximately

three

months

in

1976,

III,

STIPULATION AND SETTLEMENT

In the Stipulation and Proposal

for Settlement,

Emden

agrees

to operate

its public water~

supply in compliance

with the Environmental Protection Act and Chapter

6.

The

parties agree that no penalty should

be assessed.

The Board accepts the Stipulation and Proposal for

Settlement and finds Emden in violation of Rule 305 of

Chapter

6.

Because of the

short period of non—compliance,

the Board imposes no penalty for this violation.

This Opinion and Order constitutes the findings of

fact and conclusions of law of the Board.

ORDER

It is the Order of the

Pollution

Control

Board

that:

1.

,

lInden has violated Rule

305

of

ChajLcu-

(,

from

December

12,

1975 through

approximately

March

30,

1976.

2,

Emden shall comply with all terms and conditions

of the Stipulation and Proposal for Settlement filed October

18,

1977, which

is incorporated by

reference

as

if fully set

forth herein.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order

were adopted on the

~

day of

~

1977

byavoteof

~

__

~

Christan

L.

Mof,

Clerk

28~2~