ILLINOIS POLLUTION CONTROL BOARD
January14,
1976
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 75—120
WALTER A.
LARSEN,
et al,
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Pollution Control Board
(Board)
upon the Third Amended Complaint filed by the En-
vironmental Protection Agency
(Agency)
on August 25,
1975
against certain property owners in the Arden Shore Estates
subdivision, Shields Township, Lake County,
Illinois.
The
three-count complaint charges Respondents with operating a
public water supply in such a manner as to violate Sections
18 and 19 of the Environmental Protection Act
(Act)
and
Section 23 of An Act to Regulate the Operating of a Public
Water Supply
as
amended, effective September
12,
1973.
Hearings on this matter were held on September 12,
1975
and November 21,
1975 in Waukegar~,Illinois.
At the Novem-
ber
21 hearing a Stipulation and Proposal for Settlement
(Stipulation) representing the final agreement of the par-
ties was entered into evidence.
No additional evidence was
presented.
Between
50 and
60 persons live in homes served by the
Arden Shore Estates public water supply system.
The Stipu-
lated Background Facts indicate that on the lot owned by
Respondent Walter A. Larsen is a drilled well,
a one-thousand
gallon underground hydro—pneumatic storage tank,
and part of
the distribution pipes for the Arden Shore Estates public
water supply system.
The well,
tank and lot owned by Re-
spondent Larsen have an approximate value of $7,500.
Re-
spondents James Laduke, Albert Anderson, Donald
G. Miller,
Carl Gross, Anthony Moore,
deceased, by Mrs. Anthony Moore,
his widow, Ralph Morris, Ohs Mink, William Staben, Henry
Solterbeck, Donald Bergsrud, Theresa Wysocky,
T.
Hunter,
Carl Parker,
D.G. Willis, Walter Bieger, Leonard R.
Robinson,
William McGovern, Alfred Lohse, Ardis Griffiths,
and Richard
H.
and Jean A. Markowski
(hereinafter “Homeowners”) are
owners of the part of the water distribution system running
19—
847
—2—
through their property.
Respondent Walter A. Larsen paid
for the well, the tank, and the distribution system and
permitted the homeowners,
or their predecessors in interest,
to connect to the public water supply system under a water
agreement that provided that the homeowners be responsible
for operating and maintaining the system.
Respondent Arden Shores Civic Improvement Association
is a temporarily inactive unincorporated association whose
functions include serving as the vehicle for paying elec-
trical and maintenance costs of the public water system.
The Association and/or the residential owners own the pump
for the water supply system.
Respondent Larsen allowed
installation of the pump,
a replacement,
and signed an
agreement with the Association on August
17,
1964 disclaim-
ing any property rights in the pump.
Respondent Elaine
Weborg is
a former homeowner who moved from the Arden Shore
Estates subdivision approximately four years
ago.
Respon-
dents Richard and Jean Markowski acquired title, subject to
notice of this proceeding,
to one of the homes served by the
well in July,
1975.
Respondents have owned, operated and maintained said
public water supply system since July
1,
1970.
Since that
time, the pump casing of
the
public water supply has been
less than
18 inches above the ground level
in violation of
Rule 3.12 of the Public Water Supply System Rules and Reg-
ulations
(Regulations)
and Section 3.2.3.14(a)
and
(b)
of
the Recommended Standards for Waterworks in violation of
Section 18 of the Act.
The public water supply has been
operated in such a manner as to distribute water with a
pressurized storage volume of less than
35 gallons per
capita per day,
a violation since July,
1974, of Rule 3.30
of the Regulations and in violation of Rule 212 of the
Public Water Supply Regulations
(Chapter
6)
in further
violation of Section 18 of the Act.
The parties agree that
it will cost between $250 and
$500 to raise the well casing
and will cost a maximum of $5,000 for an additional hydro-
pneumatic storage tank with a one-thousand gallon capacity.
The parties stipulate to two further violations.
From
July
1,
1970 until the filing of the Complaint, Respondents
failed to employ a certified water supply operator,
in
violation of Section
1 of an Act to Regulate the Operating
of
a
Public Water Supply.
Furthermore, during several
periods between December,
1970 and December,
1974 Respon-
dents failed to submit water samples
as requested by the
Agency,
in violation of Section 19 of the Act.
19—648
—3—
The Stipulation indicates that the Agency sent letters
on November 20,
1970 and August
14, 1972
to Norman Green,
then Water Manager for the A$sociation, notifying him of
defici~,:ncies in the structure and operation of the public
water
~upply. On November 1,
1972, Respondent Larsen was
also r~otifiedof the deficiencies.
A controversy arose
between Respondent Larsen and the Homeowners as
to who
should bear the responsibility for correcting the defi-
ciencies.
Although joint meetings between Larsen’s attor-
ney, the Homeowners and Agency representatives were held on
January 11,
1973 and February 18,
1973, no agreement was
reached.
Since the filing
of the
Complaint,
the Respondents have
entered into negotiations with the Lake County Department of
Public Works for taking over the public water supply system.
On September
8,
1975,
the Department of Public Works recom-
mended
to the Lake County Board of Commissioners’ public
service committee that the county take over the system.
The
public service committee has approved the acquisition, and
the committee’s recommendation will be presented to the Lake
County Board as soon as escrow deposits have been made by
the Homeowners.
In the Proposal for Settlement,
the parties agreed:
A.
That,
in order
to facilitate the Lake County
Department of Public Works’
acquisition of the. public
water supply system,
1.
Respondent Walter Larsen shall, upon
request by duly—authorized county officials,
donate the well,
tank and fee simple title to the
well lot, unless a lesser interest in land in
agreed to by the county.
2.
Respondent Homeowners shall donate to the
County $6,000 to make needed improvements to the
Arden Shore Estates public water system, all
Respondents to share the cost equally.
The needed
improvements to be covered by the $6,000
include
installation of a 1,000 gallon hydro-pneumatic
storage tank and raising the well casing.
Each
Homeowner shall deposit his or her share of the
$6,000 in an escrow account established by the
County for that purpose within 30 days of this
Opinion and Order.
19— 649
—4—
3.
Arden Shores Civic Improvement Associa-
tion, through its officers, shall deed to the
county all right,
title and interest in the well
pump.
4.
Respondent Homeowners shall deed to the
county all right,
title and interest to the dis-
tribution pipes running through their property
plus any easements required by the county thereby.
B.
Respondent Hoi-newoners shall, within
30 days of
this Opinion and Order either have someone among them
secure certification, or hire
a properly certified
water supply operator to operate the system until the
county acquires the system.
C.
Beginning with the date of signing of the
Stipulation, Respondent Homeowners shall supply water
samples requested by the Agency.
D.
Respondents Walter Larsen, James Laduke,
Albert Anderson, Donald
G.
Miller, Carl Gross, Anthony
Moore, deceased, by Mrs. Anthony Moore, his widow,
Ralph Morris, Ohs Mink, William Staben, Henry Solter-
beck,
Donald Bergsrud, Theresa Wysocky,
T.
Hunter, Carl
Parker, D.G. Willis, Walter Bieger, Leonard
R.
Robinson,
William McGovern, Alfred Lohse,
and Ardis Griffiths,
agree that each of them will pay $10
as a civil penalty
for the violations alleged.
E.
The Complaint as to Respondent Elaine Weborg
shall be dismissed with prejudice.
F.
That if the Respondents affected take the
actions agreed to under Paragraph A,
the Agency will
not subject these Respondents to any further enforce-
ment proceeding as to the violations alleged in Count
I, during the time reasonably required to make the
needed improvements to the system.
The Board finds that Respondents have owned,
operated
and maintained a public water supply system which violates
Sections
18 and
19 of the Act and Section
I of An Act to
Regulate the Operating of a Public Water Supply.
For said
violations,
the Board assesses the stipulated penalty of
$10.00 per person against Respondents Walter A. Larsen,
James Laduke, Albert Anderson, Donald
G. Miller, Carl Gross,
Anthony Moore, deceased,
by Mrs. Anthony Moore, his widow,
Ralph Morris, Ohs
Mink, William Staben, Henry Solterbeck,
19—650
—
Donald Bergsrud, ~TheresaWysocky,
T. Hunter, Carl Parker,
D.G. Willis, Walter Bieger, Leonard
R. Robinson, William
McGovern, Alfred Lohse,
and Ardis Griffiths.
The Board
dismisses the Complafnt as to Respondent Elaine Weborg, with
prejudice.
Finally,
the Board accepts the Stipulation
submitted by the parties
as an adequate plan of compliance.
This Opinion constitutes the findings of fact and
conclusions of law of the Board in this matter.
ORDER
It is the Order of the Pollution Control Board that:
1.
Respondents Walter A. Larsen, et al are found to
have owned, operated and maintained a public water supply
system in violation of Sections
lB and 19 of the Act and
Section
1 of An Act to Regulate the operating of
a Public
Water Supply.
2.
Said Respondents shall comply with all of the terms
of the Stipulation and Proposal for Settlement submitted by
the parties on November 21,
1975.
3.
Respondents Walter A. Larsen,
James Laduke, Albert
Anderson, Donald
G. Miller, Carl Gross, Anthony Moore,
deceased, by Mrs. Anthony Moore,
his widow, Ralph Morris,
Ohs Mink, William Staben,
Henry Solterbeck, Donald Bergsrud,
Theresa Wysocky,
T. Hunter, Carl Parker,
D.G. Willis, Walter
Bieger, Leonard Robinson, William McGovern, Alfred Lohse,
and Ardis Griffiths,
shall within 30 days pay
a penalty of
$10.00 each for the violations found herein.
Penalty pay-
ment shall be made by certified check or money order to:
State of Illinois
Fiscal Services Division
Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
4.
The Complaint as to Respondent Elaine Weborg is
dismissed with prejudice.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board,
hereby certify the above Opinion and Order
were adopted on the
_____________
day of
1976 by a vote of
4*
Christan L. Moffett,
Illinois Pollution Con röl Board
19
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851