ILLINOIS
POLLUTION
CONTROL BOARD
March
6,
1980
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
v.
)
PCB
79—216.
VILLAGE
OF STONEFORT,
ResDondent.
MS. CHRISTINE G.
ZEMAN,
ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
MR.
ARLIE
0. BOSWELL,
SR.,
APPEARED ON BEHALF OF THE RESPONDENT,
OPINION
AND
ORDER
OF THE BOARD
(by Dr. Satchell):
This matter comes before the Board uoon
a complaint filed
on October 17, 1979 by the Environmental Protection Agency
(Agency).
The complaint alleges that Respondent has oi~eratedits public
water supply without having a certified Class A, B
or C operator
in its employ in violation of Section
1 (c) of “An Act to Regulate
the Operating of a Public Water Supply”
(PWS Act)
,
Section
18 of
the Environmental Protection Act
(Act)
and Rule 302 of Chapter
6:
Public Water Supplies
(Chapter 6); that Respondent failed to
submit monthly operating reports in violation of Section
19 of
the Act and Rule 310(A)
of Chapter
6; and that Respondent failed
to provide proper fluoridation
in
violation of Rule 306 of Chapter
6,
A hearing was held on January 17,
1980 at which time a stip-
ulated agreement was presented for Board approval.
However, the
parties could not agree on a penalty and testimony was presented
on this issue,
Members of the public appeared and commented.
The stipulation provides that the Village of Stonefort has a
population of 325 and
is located in Saline County,
Illinois.
Re-
spondent owns and controls
a public water supply consistina of
one drilled well,
a 50,000 gallon standDipe and a distribution
system for the purpose of furnishing water for drinking or general
domestic use,
The water supply utilizes chemical feeding only,
with chlorination of the water
as part of its primary treatment.
Therefore,
at least one person certified as competent
as a Class
A, B or C water supply operator is required.
37—467
—2—
Receiving water from a neighboring water district would
eliminate most if not all of Respondent’s problems.
Respondent
has 107 water customers and charges a flat rate of $5.50 per
month
(R.
35,
37).
Respondent has had difficulty in keeping its
pumps in repair
CR. 37, 38).
The repair work is frequently done
on a volunteer basis by the Village Board
CR.
38).
In 1978 a
new
pump
cost, approximately $4000
and
took all the
town’s
avail-
able general fund money
CR.
38).
Of the Village population 64
are
on fixed
incomes
CR.
45).
The Agency’s policy is to seek penalties that cover the cost
saved by the supply in failing to comply with the laws
concerning
public
water supplies
CR. 26).
The Agency figures that over a
six
year
period Stonefort has saved over $1500 in salaries.
Fluoride chemicals cost $50
per
year
CR.
28).
This
would
amount
to
a
substantial
penalty.
The
Agency
recommended an $800 pen-
alty
CR.
63).
The
Board
notes
that
in
recent
months
Respondent
has
been
working
diligently
to
obtain
an
alternative
water
source.
While
Respondent’s earlier record is not commendable, having failed to
submit operating reports from 1972, operated; without a certified
operator since 1973 and experienced
problems
with the fluoride
feeder since 1975, the Board in weighing the many factors of this
case determines that an appropriate penalty would
impose
a severe
hardship on Respondent’s limited resources.
Under these circum-
stances, the Board finds a penalty of $150 adequate to aid in the
enforcement
of the Act.
This Opinion constitutes the Board’s findings of fact
and
conclusions of law in this matter.
ORDER
It is the Order of the Pollution Control Board that:
1.
The Village of Stonefort is found in violation of
Section 1(c) of “M Act to
Regulate
the Operating
of a Public Water Supply”, Section 18 of the Environ-
mental Protection Act and Rule 302 of Chapter 6:
Public Water Supplies; Section 19 of the Act and Rule
310(A) of Chanter 6:
and
Rule 306 of Chapter
6.
2.
Respondent shall comply with all the provisions of the
stipulated settlement incorporated by reference as if
completely
set
forth
herein.
37—468
—3—
3.
Within thirty-five days of the date of this Order,
Respondent shall, by certified check or money order
payable
to the State of Illinois, pay a civil penalty
of $150 which is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois 62706
Mrs. Anderson abstains,
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control Board,
h~erebycertify the abov
Opinion and Order were
adopted on the
~
day of
~
,
1980
by a vote
of
4-p
.
Christan L. NofT
,
Clerk
Illinois Polluti
Control Board
37—469