ILLINOIS POLLUTION CONTROL BOARD
May 10, 1979
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
v.
)
PCB
79-31
VILLAGE OF CISCO,
)
Respondent.
MR. BRIAN E.
REYNOLDS, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT,
MR. JOHN
W,
FOLTZ, 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
February 13, 1979 by the Environmental Protection Agency
(Agency)
against Respondent,
the Village of Cisco
(Cisco), which operates
a public water supply in Piatt County.
Count I charges that
Respondent failed to employ a certified operator from May 1,
1978
through February 13, 1979,
in violation of Board Rule 302 of
Chapter
6:
Public Water Supply, and Section 1(b)
of An Act to
Regulate a Public Water Supply, Ch.
111 1/2,
¶501(b),
Ill.
Rev.
Stat,
(1977).
Count II charges that Respondent failed to submit
daily records on a monthly basis after the Agency demanded records
on August 28, 1972,
in violation of Section 19 of the Environmental
Protection Act
(Act).
A hearing was
held at Monticello on April
6,
1979,
at
which time the parties presented a stipulation and pro-
posal
for
settlement.
No members of the public attended the
hearing and
there
was no objection.
This Opinion is based on the
facts stipulated.
Cisco~streatment plant
includes aeration and filtration.
Section
1(b)
of the Public Water Supply Act requires:
“Each
public
water
supply which includes
.
.
.
aeration and filtration
as
part
of
its
primary treatment shall have in its employ at
least one natural
person certified
as competent as a Class
B or
Class A water
supply operator.”
Rule 302 incorporates this re-
quirement.
In
the
stipulation, Cisco admits that its certified
operator resigned
on
May
1,
1978 and that it failed to employ a
Class B or Class
A operator until November 14,
1978.
33—465
—2—
Section
19
of
the
Act
authorizes
the
Agency
to
demand
reports
from owners
of
public
water
supplies
and
requires
that
reports
be
submitted
within
fifteen
days
of
demand.
Agency
demanded
that
Cisco
submit
daily
records
on
a
monthly
basis
on
August
28,
1972,
March
13,
1974
and
November
9,
1977.
Cisco
admits
that
it
has
failed
to
submit
any
operational
records
to
the
Agency.
It
is
stipulated
that
Respondent
has
started
keep-
ing
daily
records
since
February
13,
1979
and
has
agreed
to
file
monthly
reports.
Cisco agrees in the stipulation to
pay
a
fine
of
$250
and
to cease
and
desist
from further violations.
At the hearing the
parties’ attorneys made statements which bear on Section 33(c).
They
agreed that the reports and certified operation were tech-
nically and economically reasonable
and
that there was no ques-
tion of suitability of the water source.
Cisco asserted that
it was a rural town with a part time
government
and that a fine
of $250 was a burden on its citizens.
The Board finds the settlement acceptable under Rule 331.
The penalty of $250 is adequate considering mitigating factors
under Section 33
(c).
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that:
1.
The Board finds the Village of Cisco in violation of
Section 1(b) of An
Act
to Regulate a Public Water
Supply
and
Board Rule 302,
and Section 19 of the
Environmental Protection Act.
2.
The Village of Cisco shall cease and desist from
further violations of the Act, Board Rules and An
Act to Regulate a Public Water Supply.
3.
The Village of Cisco shall pay a penalty of $250
within thirty days of the date of this Order by
certified
check
or
money
order payable to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 thurchill Road
Springfield, Illinois
62706
I, c2sristan L. Moffett, Clerk of the Illinois Pollution
Control
Board,
her~y certify
the
above
Opinion
and
Order
were
on
the
jb
day
of
IV)
,
1979
by
a
vote
of
ristan L. Mo
33-466
Illinois Pollution
rol Board