ILLINOIS POLLUTION CONTROL BOARD
July
24,
1980
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 77—183
DOMESTIC UTILITY SERVICES CO.,
an Illinois Corporation,
)
Respondent.
WILLIAM
J.
BARZANO,
JR.., ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
ROOKS, PITTS, FULLAGAR & POUST, ATTORNEYS AT LAW (JOHNNINE BROWN
HAZARD,
OF COUNSEL), APPEARED ON BEHALF OF THE
RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by N.E.Werner):
This matter comes before the Board on the July
5,
1977 Complaint
brought by the Illinois Environmental Protection Agency (“Agency”).
On October
28,
1977,
a pre—trial hearing conference was held.
On
January 25,
1978, the Agency filed a Motion for Leave to File an
Amended Complaint and the Amended Complaint.
Count
I of the Amended Complaint alleged that,
from December 17,
1975 until January 25,
1978, the Respondent operated its public water
supply facility without a certified Class B or Class
A public water
supply operator in violation of Section 1(b) of an Act to Regulate
the Operating of a Public Water Supply,
Ill.
Rev.
Stat.
1975,
ch.
111½, par.
501(b)
et
~.
(“Public Water Supply Act”).
Count II
alleged that,
from January 1,
1977 until January
25,
1978, the
Respondent failed to submit monthly operating reports to the Agency
on the chlorine residual levels of the finished water in its
distribution system in violation of Rule 310 of Chapter
6:
Public
Water Supplies (“Chapter 6”)
and Section 17 of the Illinois Environ-
mental Protection Act
(“Act”).
Count III alleged that,
from January 1,
1976 until January 25,
1978,
the Respondent failed to sample and
analyze
34 bacteriological samples of the finished water per month
and report the results to the Agency in violation of Rule 309(A)
of Chapter 6 and Section 17 of the Act.
On November 29, 1979,
the Board entered an Order which noted
that there was no activity in this case in over 22 months and
mandated that a hearing be held within 60 days.
On January 30,
1980,
a hearing was held.
The parties filed a Stipulation and
Proposal for Settlement on June
5,
1980.
—2—
The Respondent, the Domestic Utility Services Co.
(“Domestic”),
is an Illinois corporation with principal offices in Glenview which
operates
a public water supply facility (“facility”)
serving
approximately 30,000 people in the unincorporated areas of Maine
and Northfield Townships and parts of the Villages of Park Ridge
and Niles in Cook County,
Illinois..
The Company has its own
source of water supply which consists of three drilled wells,
two
elevated storage tanks, and a ground storage tank.
Domestic
utilizes ion exchange equipment as part of its water treatment
process..
The
stipulated facts indicate that, in response to complaints
about “red water” and odor,
the Agency inspected the Respondent’s
facilities on November
3, 1975 and December 17,
1975.
(See:
Stip.
2
and Exhibit A).
On January 20,
1976,
the Agency sent a letter to
the Company pertaining to various deficiencies
in the Respondent’s
facilit.y which were noted during the Agency’s inspections.
(See:
Exhibit B).
On February 25,
1976, the Agency sent Domestic a
Notice of Violation regarding the lack of a properly certified
operator.
(See: Exhibits
C,
D,
E, and
F)..
The parties have also stipulated that the Respondent’s facility
is currently in compliance with the Board’s Public Water Supply
Regulations, the Public Water Supply Act,
and the Illinois Environ-
mental Protection Act.
(Stip.
5).
The proposed settlement
agreement provides that the Respondent shall:
(1)
submit specified
sampling, monitoring, and operating reports to the Agency
(including,
but not limited to, reports itemizing emergencies
and/or equipment failures)
(See:
Exhibits G and H);
(2) submit to
the Agency on a monthly basis as part of its operating report
information regarding the amount and concentration of phosphate
being added to its water prior to distribution from its facility,
and
(3) pay a stipulated penalty of $400.00
.
(Stip..
6).
The
Company has not admitted any of the violations alleged in the
Amended Complaint..
(Stip.
5;
7).
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,
Domestic Utility Services Co., has violated Section 1(b)
of an
Act to Regulate the Operating of a Public Water Supply,
Ill. Rev.
Stat. 1975,
ch.
111½,
par. 501(b);
Rules
309(A) and 310 of
Chapter 6:
Public Water Supplies; and Section 17 of the Illinois
Environmental Protection Act.
The stipulated penalty of $400.00
is assessed against the Respondent.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
—3
ORDER
It
is the Order of the Illinois Pollution Control
Board that:
1..
The Respondent,
Domestic Utility Services Co., has
violated Section 1(b) of an Act to Regulate the Operating of a
Public Water
Supply,
Ill.
Rev.
Stat.
1975,
ch.
111½,
par..
501(b);
Rules 309(A) and 310 of Chapter
6:
Public Water Supplies;
and
Section 17 of the Illinois Environmental Protection Act.
2.
Within 35 days of the date of this Order, the Respondent
shall, by certified check or money order payable to the State of
Illinois,
pay the stipulated penalty of $400.00 which is to be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
3.
The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal
for Settlement filed
on June
5,
1980, which is incorporated by reference as
if fully
set forth herein.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution Control
Board, herejy certify that
he above Opinion and Order wer~adopted
on the
~~j~day
of
_____________—,
1980 by a vote of
~.-O
Illinois Pollution C
rol Board
