ILLINOIS POLLUTION CONTROL BOARD
    September
    15,
    1976
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB
    76—140
    SYLVAN
    LAKE WATER ASSOCIATION,
    First Subdivision,
    Respondent.
    Mr. Steven
    H.
    Gunning appeared on behalf of Complainant.
    Mr. Don McNamee appeared on behalf of Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On
    May
    12,
    1976,
    the Environmental Protection Agency
    (Agency)
    filed
    a Complaint against the Sylvan Lake First Subdivision Home-
    owner’s Association alleging violation of Rule
    305 of Chapter
    6:
    Public Water Supply Regulations.
    A hearing was held on July
    26,
    1976,
    at the Village Hall, Mundelein,
    Illinois.
    The association
    was~notrepresented by counsel.
    No citizen witnesses were present.
    At
    the hearing, the Complaint was amended to reflect
    the correct
    title of Respondent:
    Sylvan Lake Water Association,
    First Sub-
    division
    (Association)
    The
    Association
    owns
    and
    operates
    a public water supply serving
    approx im~It(~Jy
    64
    fami,
    i
    cs
    in
    Sylvan
    Lake
    First
    Subdivision,
    near
    the
    Village
    of
    Mundelein,
    Lake County,
    Illinois.
    The Associationts
    public water supply consists of one drilled well,
    two pressure
    storage tanks and a distribution system.
    23
    —
    497
    —2—
    Rule
    305 requires public water supplies such as the one
    in
    question
    to chlorinate the water before it enters
    the distribution
    system.
    The
    compliance date set by Rule
    305
    is December 21,
    1975.
    At the hearing,
    the President of the Association acknowledged
    that the Association had received notice prior to December 21,
    1975
    that
    chlorination would be required by that date
    (R.l0).
    He testi-
    fied that although a chlorination unit had been installed during
    April,
    1976,
    the unit was not presently operable
    (R.9).
    The deci-
    sion
    to
    install but not operate the chlorination unit had been
    arrived at by a vote of the Association’s members and was based on
    the members’ desire to retain the natural taste of the water
    (R.9).
    A Field Operations Engineer for the Agency testified that a precision
    chemical feed pump and plastic solution tank had been installed but,
    as of the week before the hearing, no solution was in the tank
    (R.l7).
    The Board
    finds that the Association violated Rule
    305 by fail-
    ing to chlorinate its water by December
    31,
    1975.
    In considering
    the assessment of
    a penalty, the Board must consider the factors
    set out
    in Section
    33(c)
    of the Environmental Protection Act
    (Act).
    An
    employee of the Agency testified that the injury to the public
    resulting from
    a failure
    to chlorinate
    a public water supply
    usually
    occurs
    in the distribution system.
    However, no direct evidence c~
    injury to the public was submitted in this case.
    The economic an’~
    social value of the system are apparent in that the system provides
    water for approximately 64 families in the Sylvan Lake Subdivision.
    The suitability of the source’s location is not
    in issue.
    Finally,
    the technical feasibility and economic reasonableness of chlorina-
    tion are evidenced by the fact that the chlorination unit had been
    installed prior to the filing of the Complaint, but the Association
    had elected not to operate the unit.
    A brief submitted by the Associ-
    ation after the hearing indicates that the Association met on July
    31 and voted to begin chlorination on or about August
    2,
    1976.
    The Board finds
    that the Association’s deliberate delay
    in
    corn—
    p1 ianoe warrants
    the assessment
    of
    a penalLy
    for the violation of
    Rule
    3O~ found
    berei
    n.
    The
    Association
    was
    informed
    of
    its
    pubi
    i
    C
    duty
    Lo
    sa 1ejuard
    i Ls
    Wa
    Ler
    Supply
    ,
    but
    apparently
    decided
    Lo
    sub~t 1—
    tute its own experience with regard
    to that particular well and
    distribution system over the experience and expertise behind the
    regulations involved.
    The regulations are based upon extensive ex-
    perience throughout the State,
    and their purpose
    is to keep
    all
    public water supplies
    in
    a safe and sanitary condition.
    The Board,
    therefore, assesses
    a penalty of $300.00.
    This Opinion constitutes the findings of fact and conclusions
    of
    law of the Board
    in this matter.
    23
    —
    498
    —3—
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1.
    The Sylvan Lake Water Association, First Subdivision
    is found to have violated Rule 305 of Chapter
    8:
    Public
    Water
    Supplies.
    2.
    For
    said
    violation,
    the
    Association
    is
    ordered
    to
    pay
    a
    penalty
    of
    $300.00,
    payment
    to
    be
    made
    within
    35
    days
    of
    the
    date
    of
    this
    Order,
    by
    certified
    check
    or
    money
    order
    to:
    State
    of
    Illinois
    Fiscal
    Services
    Division
    Environmental
    Protection
    Agency
    2200
    Churchill
    Road
    Springfield,
    Illinois
    62706
    3.
    The Association shall cease and desist from said
    violation.
    I,
    Christan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, ~reby
    certify
    the above Opi ion and Order were adopted on
    the
    /
    ~‘
    day of
    ~
    ,
    1976 by
    a vote ~
    Christan
    L.
    Moffett,
    rk
    Illinois Pollution
    C
    rol Board
    23
    —
    499

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