ILLINOIS POLLUTION CONTROL BOARD

April

8,

1976

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

)

PCB 75—119

ARBURY

UTILITIES,

INC.,

)

Respondent.

Ms.

Dorothy Howell appeared

on

behalf of Complainant.

Mr.

Daniel Kucera appeared on behalf of Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the Complaint filed on March

14,

1975,

by the Attorney General

of the State of Illinois against Arbury Utilities,

Inc.

The

Complaint alleged that Arbury failed to operate its public water

supply facilities

so that water shall be safe in quality,

clean,

adequate in quantity and of satisfactory mineral character for ordi-

nary domestic consumption,

in violation of Section

18 of the Environ-

mental Protection Act

(Act)

.

Specifically,

the Complaint alleged

that Arbury distributed water to its customers which contains an

offensive odor,

oil,

a residue,

is discolored due to the presence

of

iron,

is unpalatable,

and has been without sufficient pressure

so

that customers of the supply have been furnished inadequate quantities

of water for

ordinary domestic use and have on occasion been without

water.

A hearing in this matter was held on March

11,

1976,

at

the

Frankfort Village Hall.

At that hearing, a Settlement Stipulation,

representing the final agreement of the parties, was entered into

evidence.

No other evidence was presented, and no citizen witnesses

were present.

In the Stipulation,

the parties indicate that on December

31,

1975, Arbury Utilities Company, Inc., which serviced 400 customers

in the Arbury Hills Subdivision, Will County, Illinois, was merged

with Citizens Utilities Company of Illinois

(Citizens)

with the

approval of the Illinois Commerce Commission

(ICC)

Citizens

is

21—i?

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—

2--

the survivor.

Citizens

is,

therefore,

substituted for Arbury Utili-

ties Company,

Inc.,

as Respondent

in these proceedings.

Citizens is a corporation engaged in providing public utility

water and sanitary sewer service

in various service areas within the

metropolitan Chicago area,

pursuant to various Certificates of Public

Convenience and Necessity issued by the Illinois Commerce Commission.

in the Arbury area,

Citizens owns,

operates,

and maintains

a public

water supply and distribution

system,

including two wells,

a ground

pressure tank,

and an integrated system of mains,

hydrants,

and

appurtenances thereto,

The source of all raw water supplies of Citizens within its

Arbury

service area

is underground waters drawn from wells.

Upon

being drawn from the well, water at each wellhead receives gas chlori-

nation for disinfection; secondary chlorination,

if necessary,

with

sodium hypochiorite by proportioning pump;

and fluoridation.

In

addition, trisodium polyphosphate is injected for iron control by

sequestration.

Softening by the ion exchange process is provided

by a group of three softening units.

In addition, Citizens main-

tains

a program for the regular flushing of its mains and hydrants.

The parties recognize that

any

iron or hardness

in the water

supply of Citizens

is due to natural causes and is present in the

underground waters as taken from the wells.

The parties agree that

some customers of Citizensv

water system have experienced discolored

water, odor,

low pressure or a residue at taps within the home.

Com-

plainant indicates

in the Stipulation that had this matter proceeded

to hearing, twenty witnesses would have been called to testify on

behalf of Complainant,

For purposes of settlement, Citizens agreed

to present no evidence in the Stipulation to controvert

such testi-

mony.

Citizens also indicates

that,

although the softening units

are

effective,

they are difficult

to operate and maintain,

and Citizens

is experiencing extensive delays

in receiving replacement parts

from

equipment suppliers.

Therefore,

occasionally finished water hardness

may rise should the softening equipment malfunction.

The parties and the ICC have reviewed and evaluated possible

improvements

to the existing source of water supply and alternative

sources of supply and have determined that the most cost—effective

program is to provide additional storage by installation of

a 200,000

gallon overhead water storage

tank.

The estimated construction cost

of the tank is

$250,000.00.

Citizens’

consulting engineers have ad-

vised that installation of the tank will permit more effective

flush-

ing of the distribution system and will enable any carbon dioxide

naturally present in the water as taken from the wells

to be vented.

21—18

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—3—

This should result

in some

improvement

in taste and odor conditions.

Citizens has already obtained the approval of the ICC and an option

to

purchase

the land for a

water

storage

tank.

The

parties

and the

ICC

have

also

determined

that

the

water

softening

equipments which

if

continued

in

use

would

have

to

be

re-

placed

by

new equinment

should

he

removed

from

service

for

a

trial

period

of

9() days~

Thereafl:er,

Citizens

has

agreed

to

survey

the

Arbury

customers

to denermine the

financial

feasibility

of

installing

new softeners,.

In the Stipulation.

Citizens has agreed to implement a Program

to

improve the quai~t:Tof its public

water

supply.

That

Program

includes:

monitoring

its water supply and distribution system; con-

structing

a

2OO~OO~~

qELL~cnoverhead water storage

tank;

removing

water softenIng equipment for a trial period,

afterwards surveying

the

Arhury

customers

to determine whether they would

be

willing

to

support new

equiement

with

an

increase

in

rates,

and,

if

so, construct-

ing such equipment acon approval by the ICC of a rate increase; noti-

fying customers of

scheduled flushings

of the distribution system;

and other

improvements.

rp!~tC

Board

finns uhat C:Ltizens

has

violated

Section

18

of

the

Act

in

operatang

its

public

water

supply

facilities.

The

parties,

however~

agree

that,

unuor

the

circumstances,

no

monetary

penalty

be

assessed.

The

Board

finds

that

the

Program

outlined

in

the

Stipulation~

which

Citizens

has

already

begun

to

implement,

is

an

adequate

plan of compliance and

that

acceptance

of

the

Stipulation

rather

than

continunnion

of

hearings

is

in

the

best

interests

of

the

public.

Therefore1

ahe

Board

accepts

the

Stipulation

and

assesses

no

monetary

penalty

anainst

Citizens.

This

Oin

ion

constitutes

the

findings

of

fact

and

conclusions

of

law

of

the

Board

~n

this

matter.

It

is

the

Crder

of the

Board

that:

1.

Citizens

Utilities

Company

of

Illinois

is

found

to

have

violated

Section

18

of

the

Act

by

distributing

water

to

its

customers

which

is

riot safe

in

nuality,

clean,

adequate

in

quantity,

and

of

satisfactory

Iflifl?ral

character

for

ordinary

domestic

consumption.

2.

Citizens

shall

cease and

desist

from

said

violation

by

complying with the Proqram

agreed

to

by

the

parties

in

the

Settinr:Lennitipulotiori

submitted

on

March

11,

1976.

Mr.

Younz;

:~c:~:

~:iL

21—19

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—4—

I, Christan

L. Moffett, Clerk of the Illinois Pollution Control

Board, I~prebycertify the ab ye Opinion and Order were adopi~edon

the

~

day of

,

1976 by

a vote of

~6—()

Christan

L. Mo fe

t, C

Illinois Pollution Con

Board