ILLINOIS POLLUTION CONTROL BOARD
    November
    2,
    1978
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 78—187
    BIRDS PINKSTAFF PUBLIC
    WATER DISTRICT,
    a public
    )
    corporation,
    Respondent.
    MR. JOHN VAN VRANKEN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    GOSNELL, BENECKI, BORDEN
    & ENLOW, ATTORNEYS AT LAW
    (MR.
    JOHN F.
    BORDEN, OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the July 21,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”)
    alleging that the Respondent, Birds Pinkstaff Public
    Water District
    (“Pinkstaff”), owned a public water supply system
    which was operated from September 12, 1973* until July 21, 1978
    with no certified 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,
    Ill.
    Rev.
    Stat.
    1975,* ch. 111-1/2, par.
    501.
    A hearing was held on September
    25,
    1978.
    The parties filed a
    Stipulation and Proposal for Settlement on September 27, 1978.
    The stipulated facts indicate that the Respondent
    is a public
    corporation which owns and operates a public water supply located
    in Lawrence County, Illinois.
    This facility includes one drilled
    well,
    a distribution system,
    a 40,000 gallon storage tank and a
    high service pump.
    The water treatment employed by Pinkstaff
    includes aeration,
    filtration, fluoridation, and chlorination.
    (Stipulation,
    p.
    2).
    *The Stipulation and Proposal for Settlement
    (i.e., Joint Exhibit
    No.
    1)
    changed the date in question from September 12,
    1973 to
    September 12, 1976 and also changed the relevant statutory citation
    from Ill.
    Rev. Stat.
    1975,
    ch. 111—1/2, par.
    501 to Ill.
    Rev.
    Stat.
    1977,
    ch. 111—1/2, par.
    501(b).
    (See: Stipulation, p.2; Record, p.5).
    —2--
    The Agency had notified the Respondent on several occasions,
    both orally and in writing,
    that it was required to have a properly
    certified operator.
    (Stipulation, p.
    3).
    Soon after the filing of
    the Complaint, Pinkstaff did retain
    a properly certified Class B
    operator.
    (Stipulation, p.
    3).
    The Complainant has received no
    citizen complaints concerning this matter.
    (Stipulation,
    p.
    3).
    It is stipulated that from September 12, 1976 until September 27,
    1978,
    the Respondent did not have in its employ a Class B or
    Class A certified operator, and was therefore in violation of
    Section 1(b)
    of an Act to Regulate the Operating of a Public Water
    Supply,
    Ill. Rev.
    Stat.
    1977,
    ch. 111—1/2, par.
    501(b).
    (Stipulation,
    p.
    2).
    The parties have proposed that the Board
    impose the minimum penalty established by the statute,
    Ill. Rev.
    Stat.
    1977,
    ch.
    111—1/2, par.
    523, of $100.00 against the
    Respondent.
    (Stipulation,
    p.
    3).
    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.
    Incinerator,
    Inc.
    v.
    Illinois Pollution Control Board,
    59 Ill.
    2d 290,
    319 N.E.
    2d 794
    (1974).
    On the basis of the record,
    the Board finds that the
    Birds Pinkstaff Public Water District operated its public water
    supply system without a properly certified Class B or Class A
    operator from September 12, 1976 until September
    27, 1978 in
    violation of Section 1(b)
    of an Act to Regulate the Operating of
    a Public Water Supply,
    Ill.
    Rev.
    Stat.
    1977,
    ch. 111-1/2,
    par.
    501(b).
    Accordingly,
    the stipulated penalty of $100.00
    is
    assessed against the Respondent.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Birds Pinkstaff Public Water District has violated
    Section 1(b)
    of an Act to Regulate the Operating of a Public Water
    Supply
    (Ill.
    Rev.
    Stat.,
    1977,
    ch.
    111-1/2, par.
    501(b)
    )
    from
    September 12, 1976 until September 27, 1978.
    OL

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