ILLINOIS POLLUTION CONTROL
BOARD
September 21, 1978
ENVIRON~NTAL PROTECTION
AGENCY,
)
)
Complainant,
v.
)
PCB 78—85
CORINTH
PUBLIC
RATER
DISTRICT,
a
)
public corporation,
)
)
Respondent.
MR.
REED
W.
NEUMAN,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
MR.
DON
E.
KRAI?R,
ATTORNEY
AT
LAW,
APPEARED
ON
BEHALF
OF
THE
RESPONDENT.
OPINION
AND
ORDER
OF
THE
BOARD
(by
Dr.
Satchell):
This
matter
comes
before
the
Board
upon
a
complaint
filed on March 20, 1978 by the Environmental Protection
Agency
(Agency)
alleging that Respondent owns and operates
a public water supply system which includes, but is not
limited to,
a distribution system consisting only of dis-
tribution piping.
It is further alleged that Respondent’s
public water supply system has been operated since
September 1,
1975 continuing to the date of this complaint
without having in Respondent’s employ
a certified Class D,
Class C, Class B or Class A water supply operator in violation
of Section
1 of “An Act to Regulate the Operating of a Public
Water Supply”
Ch.
111 1/2 Ill.
Rev.
Stat. ¶501
(1977).
A
hearing was held in this matter on August
23, 1978 at which
time
a stipulation and proposal for settlement was presented
for Board approval.
No testimony was given.
The stipulation provides the following facts.
The
District owns and operates
a water supply facility in
Williamson County,
Illinois.
The District receives treated
water from the Rend Lake intercity water supply system.
The
Corinth Public Water District employs no chemical treatment
for its water.
The water goes through a distribution system
consisting of distribution piping which serves approximately
2800 people.
This system has operated since at least
September 1,
1975.
31—477
—2—
The facility requires at least a Class D certified
operator.
Since September 12,
1975 the District has not had
a properly certified operator.
On April 1, 1977 the Agency
sent a notice of violation requesting a response.
No
response was given.
On May 2, 1978 subsequent to the filing
of this complaint the District hired George Holland as its
water supply operator.
Mr. Holland is a certified Class A
operator.
He has no fixed term of employment and is required
to work as many hours as the District’s needs may require at
a salary of $50 a month.
The Agency has provided Respondent
with a list of certified operators in the area to assure the
District can secure services suited to its needs.
Respondent admits the alleged violation and agrees that
compliance is technically practicable and economically
reasonable.
The suitability of location
is not in issue.
The facility has significant social and economic value to the
community but past failure to comply has constituted a potential
to injure or interfere with the protection of the property and
general welfare of the people.
In settlement Respondent agrees
to operate its public water supply facility only under the
active supervision of a certified Class D,
C, B or A water
supply operator.
Respondent agrees to pay
a penalty of $400.
The Board finds the stipulated agreement acceptable under
Procedural Rule 331.
The Board further finds Respondent in
violation of Section 1 of “An Act to Regulate the Operating
of a Public Water Supply”.
Respondent will be assessed a
penalty of $400.
This Opinion constitutes the findings of fact and con-
clusions of law of the Board in this matter.
ORDER
It is
the Order of the pollution Control Board that:
1.
The Corinth Public Water District is found to have
violated Section
1 of “An Act to Regulate the
Operating of a Public Water Supply” Ch.
111 1/2
Ill.
Rev.
Stat.
¶501
(1977).
2.
Respondent shall comply with all terms of the stipulation
agreement hereby incorporated by reference as if
fully set forth herein.
31—472
—3—
3.
Respondent shall pay a penalty of $400 within
thirty-five days of this order.
Payment shall
be by certified check or money order payable to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
Mr. Jacob D. Dumelle concurred.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify the above Opini n and Order
were adopted on the
___________
day of
____________,
1978
by a vote of
~
Christan L. Moffè
~,
Clerk
Illinois Pollutio
ontrol Board
31—479