ILLINOIS POLLUTION CONTROL BOARD
    November 16,
    1978
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—204
    VILLAGE OF SAN JOSE,
    Respondent.
    MR. PATRICK
    J. CHESLEY, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    MR. DONALD
    K,
    BIRNER,
    ATTORNEY AT LAW, APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the July
    28, 1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”)
    which alleged
    that the
    Village
    of San Jose discharged
    waste water from its public water supply system without an NPDES
    permit for point source discharges issued by the Agency from
    October 24, 1977 until July 28, 1978 in violation of Rule 901 and
    902(e)
    of Chapter
    3:
    Water Pollution Regulations and Section 12(f)
    of the Illinois Environmental Protection Act
    (“Act”).
    A hearing
    was held on October 10,
    1978.
    The parties filed a Stipulation and
    Proposal for Settlement on October
    18,
    1978.
    The Village of San Jose is an Illinois municipal corporation
    which operates a public water supply system in Mason County,
    Illinois.
    The stipulated
    facts indicate that,
    from October
    24,1977
    through July 28,
    1978,
    the Village of San Jose operated its public
    water supply system in such a manner as to cause or allow the
    discharge of waste water containing contaminants to flow into an
    unnamed tributary to Main Ditch,
    a navigable water and water of
    the State of Illinois,
    which
    is tributary to Crane Creek, which is
    tributary to the Illinois River,
    both of which are navigable waters
    and waters of the State of Illinois.
    (Stipulation p.
    2).
    It is
    stipulated that at no time from October 24,
    1977 to July 28, 1978
    was the Village of San Jose issued nor did it possess an NPDES
    32—11 9

    —2—
    permit for point source discharges issued by the Agency under
    Section 39(b)
    of the Act and Board’s Water Pollution Rule 902(e)
    for the waste water discharged from its public water supply
    system.
    (Stipulation,
    p.
    2—3).
    The stipulated facts reveal that
    the Respondent possessed an NPDES permit for waste water discharges
    from its sewage treatment plant.
    Accordingly,
    the Village of
    San Jose was under the mistaken assumption that the NPDES permit
    for its sewage treatment plant was sufficient to cover discharges
    from its public water supply system.
    For that reason,
    it did not
    apply for a separate NPDES permit for its public water supply
    system.
    (Stipulation,
    p.
    3).
    The Stipulation and Proposal for Settlement provides that
    the Village of San Jose agrees to apply for and obtain an NPDES
    permit from the Agency for its waste water discharge from its
    public water supply system and pay a stipulated penalty of
    $100.00
    .
    (Stipulation,
    p.
    4).
    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.
    Incinerator,
    Inc.
    V.
    Illinois Pollution Control Board,
    59 Ill.
    2d
    290,
    319 N.E.
    2d 794
    (1974).
    In the present case,
    the character
    and degree of actual injury to the public is not known.
    However,
    the permit system is the heart of the regulatory program to protect
    the environment in Illinois.
    Such a program provides important
    information concerning the quantity and characteristics of any
    contaminants being discharged into the waters of the State.
    The
    Respondent’s public water supply system clearly has social and
    economic value
    to the individuals in the Village of San Jose who
    utilize it.
    Moreover, the public water supply system of the
    Village of San Jose is suitable to the area in which
    it is
    located and there is no question of priority of location in the
    area involved.
    Additionally, it is both technically practicable
    and economically reasonable for the Village of San Jose to obtain
    an NPDES permit for the waste water discharge from its public
    water supply system.
    Thus,
    on the basis of the record,
    the Board finds that,
    from
    October 24, 1977 until July 28,
    1978,
    the Village of San Jose
    discharged waste water from its public water supply system without
    an NPDES permit for point source discharges
    issued by the Agency
    in violation of Rule 901 and 902(e)
    of Chapter
    3:
    Water Pollution
    Regulations and Section 12(f)
    of the Illinois Environmental
    Protection Act.
    The Board hereby imposes the stipulated penalty
    of $100.00 against the Respondent.
    32—120

    —3—
    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 Village of San Jose has violated Rule 901 and 902(e)
    of Chapter
    3:
    Water Pollution Regulations and Section 12(f)
    of
    the Illinois Environmental Protection Act from October 24, 1977
    until July 28,
    1978.
    2.
    Within 45 days of the date of this Order,
    the Village of
    San Jose shall pay the stipulated penalty of $100.00
    ,
    payment to
    be made by certified check or money order to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    3.
    The Village of San Jose shall comply with all the terms
    and conditions of the Stipulation and Proposal for Settlement filed
    October 18, 1978, 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
    J(.Tw~
    day of
    ~P)(r1,-~w.4~..~
    ,
    1978 by a
    vote of
    ________
    ~
    Illinois Pollution
    rol Board
    32—121

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