ILLINOIS POLLUTION CONTROL BOARD
March 20, 1980
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
v.
)
PCB 79—17
VILLAGE OF MAHOMET,
a municipal corporation,
Respondent.
MR. DOUGLAS P. KARP, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
PHIPPS AND EVANS, ATTORNEYS AT LAW
(MR.
JAMES W. EVANS, 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 January 24, 1979
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”), Count I of the Complaint alleged that the Respondent
owned a public water supply system which was operated from April 1,
1976 until January 24, 1979 with no certified Class B or Class A
water supply operator in violation of Section 1(b) of an Act to
Regulate the Operating of a Public Water Supply, Ill. Rev, Stat,
1977, ch. 111½, par. 501(b). Count II of the Complaint alleged
that from May 1, 1978 until January 24, 1979 the Respondent failed
to maintain a fluoride ion concentration of 0,9 to 1,2 mg/i in its
distribution system in violation of Rule 306 of Chapter 6: Public
Water Supplies, and Section 17 of the Illinois Environmental
Protection Act (“Act”), A hearing was held on February 8, 1980.
The parties filed a Stipulation and Proposal for Settlement on
February 13, 1980,
The T~espondent, the Village of Mahomet (“Village”), owns and
operates a public water supply facility (“facility”) in Champaign
County which consists of two drift wells, an elevator tank, a
standpipe, and distribution system. As part of its primary
treatment, the water in the system is aerated, settled, chlorinated,
pumped, filtered, and fluoridated. After the water has gone
through the water treatment facility, the Village takes finished
water samples and then sends them to the Agency for analysis.
The stipulated facts indicate that, from April 5, 1976 until
October 15, 1979 (exclusive of the time period from February 12, 1979
—2—
through October 15, 1979), the Respondent failed to employ a
certified Class B or Class A operator in charge of its facility
and instead utilized certified Class C or Class D operators as
well as uncertified operators. (Stip. 2—3).
The parties have also stipulated that on May 1, 1978, July 10,
1978, August 21, 1978, October 16, 1978, January 30, 1979, March 5,
1979, and August 8, 1979, the Respondent failed to maintain a
fluoride ion concentration of 0.9 to 1,2 mg/i in its water
distribution system. (Stip. 3; See: Exhibits A, C, D, E, F, and C).
The Respondent maintains that the fluoride levels were above or
below the range of 0,9 to 1.2 mg/i as a result of a mechanical
failure in the fluoride injector. Although this mechanical failure
was detected by a former water supply operator employed by the
Village, it was not corrected until after August 15, 1979. (Stip. 3)~
The proposed settlement agreement includes a detailed
compliance program and schedule which provides that the Respondent
shall: (1) promptly hire a properly certified Class A or Class B
operator; (2) provide for the addition of fluoride to the water
supplies (to maintain the appropriate fluoride levels at all times);
(3) accurately collect and analyze water samples (to determine
the fluoride levels in the finished water); (4) operate and
maintain the facility in good working condition (by immediately
repairing and replacing malfunctioning or defective parts and
equipment
—
including all sampling, testing, and monitoring
equipment used to determine the fluoride content of the finished
water); (5) maintain a spare parts inventory (for all sampling,
testing, and monitoring equipment), and (6) pay a stipulated
penalty of $500.00
.
The record indicates that the Village has
already hired a properly certified operator and submitted the
requisite forms to the Agency. (R. 5).
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. The
Board finds the stipulated agreement acceptable under Procedural
Rule 331 and Section 33(c) of the Act. The Board finds that the
Respondent, the Village of Flahomet, has violated Section 1(b) of
an Act to Regulate the Operating of a Public Water Supply, Ill,
Rev. stat. 1977, ch. 111½, par. 501(b), Rule 306 of Chapter 6:
Public Water Supplies, and Section 17 of the Act. The stipulated
penalty of $500.00 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 Respondent, the Village of Mahomet, has violated
Section 1(b) of an Act to Regulate the Operating of a Public Water
Supply, Ill. Rev. Stat. 1977, ch. 111½, par. 501(b), Fule 306 of
Chapter 6: Public Water Supplies, and Section 17 of the Illinois
Environmental Protection Act.
2. Within 45 days of the date of this Order, the Respondent
shall, by certified check or money order payable to the State of
Illinois, pay the stipulated penalty of $500.00 which is to be
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
3. The Respondent shall comply with all the terms
and
conditions
of the
Stipulation and Proposal for Settlement
filed
February 13,
1980, which is incorporated by reference as
if fully
set forth herein.
Chairman Dumelle concurs.
Mr. Goodman concurs.
I, Christan L.
Moffett, Clerk of
the Illinois Pollution
Control
Board, hereby certify that the above Opinion and Order were adopted
on the ~
day of
~j_.
,
1980 by a vote of
~
Christan L. Moff~J Clerk
Illinois Pollution Control Board
