ILLINOIS POLLUTION CONTROL BOARD
March
19, 1982
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Petitioner,
)
PCB
81-~133
VILLAGE OF WHITE CITY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Anderson):
This matter comes before the Board on a four count complaint
filed by the Illinois Environmental Protection Agency (Agency)
on
August 21, 1981 against the Village of White City.
The Village
of
White City
(Village), Macoupin County,
is charged with violations
of
the Environmental Protection Act (Act), of “An
Act to Regulate
the Operating of a Public Water Supply
(PWS Act),
Ill,Rev.Stat.
Ch. 111½,
§501 et seq., and Chapter
6:
Public Water
Supplies
(Chapter 6).
On December 1,
1981 a hearing was held
at which the
parties presented a “Stipulation, Statement of Facts,
and
Proposal
for Settlement”.
In response to the Boardvs Order of
December
17,
1981, on February 10,
1982 the parties filed a
“Supplemental
Stipulation and Statement of Facts” which stated
that P,A.
82~393,
effective January
1,
1982, had no effect on the proposed
compliance
plan,
and which left the minimum statutory penalty
issue raised by
§523 of the
PWS Act to
the discretion of the
Board.
The Village stipulates that,
as charged in
Count
I
of the
Complaint, from on or about December 21,
1974
until on or about
September 15,
1981
it operated
its public water
supply without
having
in
its employ a person certified as a
Class
D,
C,
13, or
A
operator,
The Board accordingly finds the Village
in violation
of Section 18
of
the Act, Rule 302 of Chapter
6,
and,
thereby
Section 1(d) of the PWS Act.
As alleged
in
Count II,
the Village
stipulates that it failed
to submit monthly operating reports
from on or
about
June
18,
1980
until August 18,
1981 in contravention of the Agency~s
June 18,
1980 request.
The Board finds the Village in
violation of Section
19
of the Act and Rule 310(a)
of Chapter
6.
The
Village also
agreed that
it
had failed,
since May
1,
1980 to
submit monthly
reports required by Agency Technical Policy
Statement
(TPS)
305(d)(2),
(promulgated pursuant
to
Rule 212(A)
of Chapter
6)
which would constitute a violation of the above~cited
section
of the Act and Board
rule
which underly TPS
305(d)(2).
45—533
2
Count
III alleges,
and the Village agrees,
that on May 15,
1980 an Agency test of its water supply showed a combined
chlorine
residual of 0.3 mg/i and a free chlorine residual of
0,0 mg/l,
while TPS
305(D)(2)
(promulgated pursuant to Rules 212(A)
and 305
of Chapter
6) requires combined and free chlorine residuals,
alternatively,
of 0,5 mg/l or 0.2 mg/l.
The Board therefore
finds
the Village
in violation of Section 18 of the Act.
Finally,
the Village stipulates that from on or about
June
18,
1980 it failed to have on hand an approved residual chlorine
testing kit,
as alleged in Count
IV.
As TPS 315 and 305(C)(6),
(promulgated pursuant to Rule 212(A)
of Chapter
6) specify
that
such kits are among the equipment required by Rule 315,
the
Board finds the Village
in violation of Rule 315 of Chapter
6.
The Village agrees
to cease and desist from the above
enumerated violations.
In addition,
the parties propose a
conpliance plan which would require the Village to employ a
certified operator, to submit monthly operating and chlorine
besting reports,
to maintain specified chlorine residuals,
and
to obtain and keep available an approved chlorine
testing kit.
The Board finds the stipulation of
facts and
proposal for
settlement acceptable pursuant to Procedural Rule 334.
The Board
will issue a cease and desist order,
and will additionally
assess
the minimum $100 penalty required by §523 of the PWS Act.
However,
in light of the representations of financial hardship presented
by
the Village at hearing, and the Agency’s estimation that
these
representations should be accorded weight,
payment of the
penalty
is abated and forgiven.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
1.
Respondent,
the Village of White
City,
is found
to be
in violation of Section 1(d)
of the Public Water Supply
Act (PWS
Act) Sections 18 and 19 of the Environmental Protection
Act,
and
Rules 302,
310(a) and 315 of Chapter
6:
Public Water Supply.
2.
Respondent shall cease and desist from said violations.
3.
Respondent shall comply with the compliance
schedule set
forth in the “Stipulation, Statement of Facts,
and Proposal for
Settlement” filed December
1,
1981, which is incorporated by
reference herein as
if fully set forth.
4.
The Board hereby assesses the nominal $100 penalty
required by the PWS Act, payment of which is abated and forgiven.
IT IS SO ORDERED.
45—534
3
I,
Christan L.
Moffett,
Clerk of the Illinois
Pollution
Control Board, hereby certify that the above Opinion
and Order
was adoptedpn
the
/~h1~~
day of
—,
1982 by
a vote of
q-o
Christan
L. Moffe
,
erk
*
Illinois Pollution
trol Board
45—535