ILLINOIS POLLUTION CONTROL BOARD
October 19, 1983
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V.
)
PCB 83—57
ALSEY-GLASGOW WATER
)
COMMISSION,
Respondent.
MS. GWENDOLYN KLINGLER, ASSISTANT ATTORNEY GENERAL, APPEARED
FOR THE COMPLAINANT;
MS. KATHERINE MANN, ATTORNEY AT LAW, APPEARED FOR THE
RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by D. Anderson):
This matter comes before the Board upon a complaint
filed May
3, 1983 by the Illinois Environmental Protection
Agency
(Agency)
naming as Respondent the Alsey-Glasgow Water
Commission
(Commission).
The complaint alleges violation of
Section 1(d)
of the Certified Operators Act, Sections 18 and
19 of the Environmental Protection Act
(Act)
and Board rules
arising out of operation of a public water supply in Scott
County.
A public hearing was held on July 27,
1983 at
Winchester.
There is no indication of public participation
except by persons associated with the Commission.
The Commission is a unit of local government which
operates a public water supply serving the Alsey and Glasgow
areas, which have
a combined population of about
350.
The
Commission has about 182 customers
(R.
31).
The system
buys treated water from Roodhouse for distribution
(R.
27).
The complaint alleges violation of the Act and rules by
failure to have a certified operator, failure to have testing
equipment and failure to take samples and submit reports.
The allegations are complicated because of several changes
in numbering of the public water supply rules, now codified
as
35 Ill. Adm. Code 601 et seq.
The following summarizes
the violations alleged:
Count
I, operation without a certified operator:
1)
Section 18 of the Act from November 30, 1975
through May
3,
1983.
54-239
—2—
2)
Section 1(d)
of the Certified Operator’s Act
(Ill.
Rev. Stat.,
1981,
ch.
111 1/2, par.
501 et seq.)
from November 30,
1975 through May
3,
1983.
3)
Rule 302 of Chapter
6:
Public Water Supplies,
from November 30,
1975 through September 13,
1982.
4)
Section 601.103 from September 14,
1982 through
May
3,
1983.
Count II,
failure to have adequate testing equipment
for residual chlorine:
1)
Section
18 of the Act.
2)
Rule 315 of Chapter
6 from October
8,
1980 through
April
19, 1982.
Rule 315 was codified as Section
607.105 after this date.
Count III:
Failure to submit monthly operating reports
to the Agency:
1)
Section 19 of the Act from October
8,
1980 through
May
3,
1983.
2)
Rule 310(A)
and
(C)
of Chapter
6 from October
8,
1980 through September 13, 1982.
3)
Section 606.101 from September
14, 1982 through
May 3,
1983.
4)
Section 606.106 from September
14, 1982 through
May
3,
1983.
The provisions of the Certified Operator’s Act were
amended effective January
1,
1982 to provide for exemption
from the requirement for certain small systems.
Rule 302
was amended to allow exemption at the same time it was
codified as Section 603.103.
On May 13,
1982 the Agency
notified the Commission that its application for exemption
was denied because it had four and one—half miles
in its
distribution system, more than the three mile maximum
(Exhibit 2).
The Commission admits all of the violations alleged in
the complaint.
It has agreed to hire
a certified operator,
to acquire, maintain and use a chlorine residual test kit
and to regularly submit all required reports to the Agency.
There
is no stipulation as to penalty
CR.
6).
The Commission hired a certified operator on May 17,
1983, two weeks after the complaint was filed.
54-240
—3—
The Agency attempted to bring the Commission into
compliance over a long period of time.
On February 23, 1982
it agreed to suspend legal action to allow the Commission to
apply for an exemption.
As noted above, on May 13,
1982 the
exemption was denied.
On October
28, 1982 the Agency notified
the Commission that it was again contemplating legal action
(Ex.
3).
The Commission took no action to come into compliance
until May 17,
1983,
two weeks after the complaint had been
filed.
The Agency argues that a penalty
is appropriate
because of the delay.
The Commission contends that
it is financially unable
to pay because its rates are not sufficient to cover
its FHA
loan and overhead
(R.
24).
The Commissioners serve without
pay
(R.
22)
Although the Board is sympathetic with the Commission’s
financial condition,
it finds that a penalty
is necessary to
aid enforcement of the Act.
The Board will assess a $200
penalty.
In reaôhing this decision the Board has considered
the factors enumerated in Section 33 of the Act.
This
Opinion constitutes the Board’s findings of fact and conclu-
sions of law in this matter.
ORDER
1.
The Board finds that the Respondent, Alsey-Glasgow
Water Commission, has violated Sections 18 and
19
of the Environmental Protection Act, Section 1(d)
of the Certified Operators Act, Rules
302,
310(A),
310(C)
and 315 of Chapter
6:
Water Pollution and
35 Ill. Adm. Code 601.103, 606.101 and 606.106.
2.
Respondent shall maintain a certified operator in
its employ at all times
as required by
35 Ill.
Adm. Code 601.103.
3.
Respondent shall maintain and use a chlorine
residual testing kit at all times
as required by
Section 607.105.
4.
Respondent shall submit monthly reports to the
Environmental Protection Agency as required by
Section 606.101.
5.
Within 35 days of the date of this Order,
Respondent
Alsey-Glasgow Water Commission shall, by certified
check or money order payable to ths State of
Illinois, pay a civil penalty of $200 which is to
be sent to:
54-241
—4—
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
IT IS SO ORDERED.
Chairman J.
Dumelle concurred.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and
Order were adopted
g~
the
_______
day of
____________
1983 by a vote of
~-c~
(i~
~
Christan
L. Moffétt,
C
~
k
Illinois Pollution Con’ ol Board
54-242